Myers

Action by plaintiff to recover of the defendant $900 alleged to be due on account of certain contracts for tuition, entered into between the plaintiff and the defendant. Respondent had judgment for $896.91 and from this judgment the defendant appeals. It appears from the transcript that the defendant is the mother of two minor sons, Paul de Back Myers and Theodore E. Myers; that on or about the first day of June, 1924, at San Rafael, the plaintiff and the defendant entered into a contract in writing for the admission of the two minor sons of the defendant into the school conducted by the plaintiff for a school year, beginning September 3, 1924, and ending June 3, 1925. The applications for admission of the two minor sons of the defendant to the Hitchcock Military Academy were made subject to tbe current printed register and regulations of the Academy for the period above mentioned. These terms and conditions are as follows:

The testimony in the transcript further shows that the two boys attended school one-half year each, that the defendant paid the $450 for each boy payable on entrance, but refused and neglected to pay the $4.50 covenanted and agreed to be paid at the close of…