Arp

This is an action in equity to enforce contribution and subrogation and for a set-off of alleged mutual debts. The complaint is in three counts. As to the first cause of action the court rendered judgment in favor of the plaintiff against the defendant Blake and in favor of respondent Cohn. Demurrers to the second and third causes of action were sustained without leave to amend. The plaintiff has appealed only from that portion of the judgment ordering that plaintiff take nothing as against the defendant Cohn and awarding to the latter his costs of suit, and is taken on the judgment-roll as to the first count and on a bill of exceptions as to the second and third counts. The defendant Blake has not appealed and the judgment as to her has become final.

The sufficiency of the findings and admitted facts to support the judgment in favor of the respondent on the first cause of action will first be considered. In response to appropriate allegations and proof it is found that on the twenty-fourth day of December, 1914, the defendant Blake commenced an action in the superior court of Kern County against the plaintiff to recover damages for the alleged breach of an agreement to sell real…