Moch

Action was brought to recover judgment for money loaned and money had and received by the defendant for the use and benefit of the plaintiff, arising out of the sale and financing of automobile trucks. Defendant denied the indebtedness and filed a counterclaim for the construction of a building for the plaintiff. Trial was had without a jury, and judgment was granted for plaintiff in the sum of $2,668.38 and against defendant on his counterclaim. Defendant appeals from the judgment.

Defendant was engaged in the business of selling trucks and plaintiff financed the deals by loaning money to defendant on 'the sale contracts as collateral. It was stipulated at the trial that at the commencement of the transaction defendant was indebted to the plaintiff in the sum of $2,090. As security for this indebtedness three certain contracts were turned over to the plaintiff by the defendant. Plaintiff testified that these contracts were never assigned and none of the contracts received in evidence showed an assignment ' thereof, although there were blank forms attached to said contracts for that purpose.

Appellant does not raise any question on the denial of the items in the counterclaim,…