Watkins

The plaintiffs brought this action to recover from

the defendants the sum of $475 alleged to be due under an agreement for the erection of a party-wall. The plaintiffs, it is alleged, became the owners of the claim against the defendants under an assignment of the same to them by Wehrman & Meilikie, a corporation, incorporated and organized under the laws of California. Wehrman & Meilikie, in their corporate capacity, and the defendants were the owners, respectively, of adjoining lots in Block No. 40 of the town of Madera, in the county of Madera. Having in view the erection of brick structures, with a party-wall on the line of their respective properties, upon said lots, the said corporation and the defendants, on the ninth day of October, 1903, entered into an agreement in writing, by the terms of which said parties were to bear in equal proportion the actual cost of the erection of such party-wall. This agreement is made a part of the complaint and is inserted in haeo verba in the findings.

On the thirty-first day of October, 1903, the said Wehrman & Meilikie, corporation, entered into a written contract with plaintiffs, by the terms of which the latter agreed for and in…