Harris

The second amended complaint sets forth an action in two counts. The first is based upon the sale of two certain gold nuggets, one of the value of $135 and the other of the value of $75, “upon an understanding and agreement between plaintiffs and said Aaron Harris (defendant’s intestate) that plaintiffs should have a lien upon said personal property as security for the return thereof to plaintiffs or the payment to plaintiffs of the value thereof.” It is alleged “that said Aaron Harris never returned the said personal property or paid plaintiffs the value thereof, and ever since the said second day of September, 1914, said personal property has been held and possessed by said Aaron Harris and his estate,” and that at the time'of his death said Aaron Harris was indebted to plaintiffs in the sum of $210 for said gold nuggets “and the estate of said deceased is still indebted to plaintiffs therefor. ’ ’

For a second cause of action it is alleged that, on September 2, 1914, “plaintiffs purchased of said Aaron Harris certain goods, wares, and merchandise, to wit, certain hams, and then and there paid said Aaron Harris cash in the sum of $15 therefor,” to be thereafter delivered, but…