Offerdahl

Plaintiff brought this action to recover upon a written instrument made and executed by defendant to George Mezutani (plaintiff’s assignor), whereby she acknowledged that she was indebted to him in the sum of $805.43. Judgment went for plaintiff, from which defendant appeals.

Defendant’s answer, while admitting the execution and delivery of the writing, alleged that it was made and delivered as evidence of her indebtedness to Mezutani and others employed to assist him in the care and management of her nursery and upon condition that no action be had thereon and that defendant could have all the time desired by her within which to pay the same, which facts she sought to establish by oral proof. As a second defense, and by way of counterclaim, it was alleged that at the time of executing said instrument Mezutani had for months neglected and failed to properly care for and manage the nursery, which fact he concealed from her,- and that as a result of such neglect she was damaged in a large sum.

As indicating the errors of which appellant complains, we quote from her brief as follows: “Two points are raised by appellant in support of her contention that judgment thereon should be…