Thomas

Appeal from a judgment entered in favor of the plaintiff, presented on the judgment-roll alone.

[1] We think that the appellant is right in its claim that the complaint in the case failed to state facts sufficient to constitute a cause of action. It was first alleged that the appellant is a corporation organized under the laws of California and having and maintaining a place of business in the city of El Centro, county of Imperial. These allegations followed: “That defendant F. A. Wolz is, and was during all the times mentioned in this complaint, the duly authorized and accredited and acting agent of the defendant Newmark Grain Co.; that said F. A. Wolz is, and was at all times mentioned in this complaint, in charge of the business of the defendant New-mark Grain Co., in the county of Imperial, and is, and was, in charge of the place of business of the said defendant in the city of El Centro, county of Imperial, state of California. That on the 9th day of June, 1915, for a valuable consideration, the said F. A. Wolz, as such agent at El Centro, said county and state, made and executed a certain draft in words and figures as follows: ‘El Centro 6/9/15 A No 197 Newmark Grain Co.,…