Harlan

The nature of the action is shown by the following allegation of the complaint:

.“On January 6, 1904, . . . defendant herein, Jacob Kunzler, for a valuable consideration, duly assigned, by means of a written assignment and order to plaintiff herein, the claim of said defendant Jacob Kunzler against said defendant Gladding, McBean and Company (a corporation), for two hundred and twenty dollars of the sum to be thereafter paid by said defendant Gladding, McBean and Company to said defendant Jacob Kunzler for a certain lot of tule hay on said January 6, 1904, in course of shipment by said defendant Jacob Kunzler to said defendant Gladding, McBean and Company ; that said written assignment and order was, upon said January 6, 1904, and at and in the said County of Solano, executed and delivered to plaintiff herein by said defendant Jacob Kunzler; and that said written assignment and order was and is in the words and figures following, to-wit:

Judgment was for defendants, from which plaintiff brings the appeal on a bill of exceptions.

The court finds that the instrument in writing set out in the complaint was “made, executed and delivered by said defendant Kunzler to plaintiff; that'…