Law

The appeal in this case is from the third cause of action set forth in the complaint. The transcript appears to be in all respects the same as the same case, No. 1465, this day decided, ante, p. 204, [ 160 Pac. 170 ]. Why plaintiff’s appeal was not urged in that case instead of making it the subject of a different number does not appear and is perhaps immaterial.

As a cause of action it is alleged that “plaintiff sold and delivered to defendant, at his request, certain goods, to wit, elevator parts and supplies,” for which defendant agreed to pay the sum of $2,053.10. The claim of plaintiff is that it is entitled to recover the sum of $2,053.10, in addition to what it claimed in the first cause of action, which was disposed of in the case numbered 1465, for certain parts of the old elevator machinery formerly in the Bishop Building, and that when it was destroyed by the disaster of April 18, 1906, it belonged to defendant and the loss was his. Among the provisions of the contract was the following: “The owner agrees to sell for the sum of $1.00 here in hand paid to the contractor all old elevator machinery now installed in the Bishop Block, situated as described heretofore and…