Briscoe

Action for money had and received. The complaint alleges that on or about the fifteenth day of March, 1923, defendant collected of and from W. F. Steffin and R. B. Steffin for the use and benefit of said plaintiffs the sum of $1,490, then owing by the said Steffins to plaintiffs, which sum defendant agreed to repay on request, but that he failed so to do. Defendant denied these allegations and as a separate defense alleged that on or about December 15, 1922, plaintiffs agreed to purchase of and from defendant a certain tract of land consisting of twenty acres for the sum of $12,000, which sum plaintiffs agreed to pay in installments from time to time and that defendant received from plaintiffs the amount sued for in partial performance of this agreement, which sum was voluntarily paid by plaintiff.

The trial court found all the allegations of plaintiffs’ complaint to be true. It further found that it was not true as alleged by defendant that plaintiffs agreed to purchase of or from defendant the land described in his answer for the purchase price mentioned, or any other sum. In this connection it found that plaintiff Eugene Van Hoosen and the defendant did in the year 1921 enter…