Lowry

Plaintiff brought the action as assignee of the American National Bank of San Francisco, hereinafter referred to as the bank, and as assignee of the American-Hawaiian Engineering & Construction Company, hereinafter referred to as the construction company. There were several causes of action stated.

In the first count is alleged an account stated, in the sum of $46,033.50, between the bank and defendant which was assigned to plaintiff.

The second count is for the value of certain extras furnished in the construction of the Monadnock Building in the city of San Francisco, aggregating $2,892.19.

The third count is for additional extras based upon their reasonable value, to wit: the sum of $5,225.53.

The fourth count is for the sum of $3,597.50 as a balance due upon an open account for moneys paid and expended for the use and benefit of defendant.

The causes of action set out in the second, third, and fourth counts were assigned to plaintiff by the construction company.

In his answer the defendant denied the existence of any account stated; admitted the doing of certain extra work but denied that it was of greater value than $939.99, exclusive of the set-off and counterclaim set…