Burks

The plaintiff’s cause of action is based upon an assigned claim of the Modesto Package Company against the defendant for the sum of $1,521.79 alleged to be the balance due for goods, wares, and merchandise sold and delivered to the Modesto Coffee Club during the year 1920. Plaintiff had judgment and the defendant appeals.

The cause of action is set forth in an amended complaint containing two counts in which it is alleged that L. C. Black, doing business under the fictitious name of Modesto Package Company, sold and delivered to the defendant, operating under the name of the Modesto Coffee Club, goods, wares, and merchandise of the value of the sum above stated. The assignment of the claim by the Modesto Package Company to the plaintiff is properly set forth in the amended complaint.

In the original complaint filed by the plaintiff it is alleged that the plaintiffs operating under the name of the Modesto Package Company sold goods, wares, and merchandise to the defendant in the sum of $1,521.79. After a demurrer had been interposed to this complaint and overruled, the plaintiff filed an amended complaint setting forth his cause of action, as hereinabove stated, and correcting…