Fairchild

This is an appeal from a judgment of the superior court of the county of Sacramento, sitting without a jury, in favor of plaintiff and respondent for the sum of two thousand one hundred dollars, with interest from June 1,1913, at the rate of seven per cent per annum, amounting to $502.25, and for costs in the sum of $42.

Appellant specifies as causes for said appeal that the evidence adduced at said trial does not justify the said findings of fact and conclusions of law in four particulars, namely:

1.' That said alleged agreement to pay is in contravention of the statute of frauds; 2. That said alleged agreement to pay is without consideration, and void; 3. That said alleged agreement to pay was canceled and rescinded by mutual consent of the parties thereto; and 4. That defendant’s counterclaim should have been allowed in full.

A brief summary of the salient facts will suffice to show the nature of the controversy. It appears generally that an insurance corporation, known as the Pacific National Fire Insurance Company, was organized, having as an adjunct another corporation, called the Pacific States Holding Company. While the relation of these two companies does not very…