Lugiani

This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for the sum of $450, the agreed price of a certain automobile.

With respect to the appellant’s contention that the complaint contains no sufficient allegation of nonpayment, the allegation criticised is that the amount claimed has been demanded and refused, and that “the whole thereof is now due and owing from said defendant to said plaintiff.” Standing alone this perhaps is not a sufficient allegation of nonpayment (Ryan v. Holliday, 110 Cal. 337 , [ 42 Pac. 891 ]), but the defendant in its- answer supplied the defect in the complaint by specifically alleging that the amount of plaintiff’s demand had been paid in full. Aside from this, however, the ease was tried upon the theory that such nonpayment was an issue' in the case. For these reasons the defendant cannot now be heard to successfully question the sufficiency of the allegation of nonpayment. (Schwind v. Hall, 129 Cal. 40, 43 , [ 61 Pac. 573 ].)

On the question of the sufficiency of the evidence to sustain the findings of the trial court, it is sufficient to say that we have carefully read the record, and find appellant’s contention…