Wagner

Appeal by defendant from a judgment entered against it in favor of plaintiff for the sum of $471 and costs. The appeal is presented on the judgment-roll.

In plaintiff’s complaint it was alleged: “That within two years last past, to wit, between the first day of October, 1910, and the first day of February, 1911, said defendant became and was indebted to said plaintiff, upon an account for goods, wares and merchandise, to wit, nursery stock and nursery pots, sold and delivered to said defendant within two years last past, in the city of El Centro, county of Imperial, state of California, in the sum of $583; that said nursery stock was sold to said defendant by said plaintiff at defendant’s instance and request; that said defendant agreed to pay plaintiff the sum of $583 for said nursery stock and pots. That the said amount became due and payable on the eleventh day of January, 1911; that no part of said sum has been paid, except the sum of $97; that there is still due, owing and unpaid from said defendant to said plaintiff upon said account the sum of $486.” Defendant denied all of the material allegations of the complaint, and set up by way of counterclaim an alleged cause of…