Weaver

The complaint alleges that the “plaintiff advanced to and for the use and benefit of said defendants . . . $4,779.35, which said amount defendants agreed to repay to said plaintiff, . . . but said defendants failed and refused to repay the said sum or any part thereof.” The prayer is for judgment in the amount alleged. The answer consists of denials of the allegations of the complaint. Judgment was entered in favor of the plaintiff for $1,743.91 and costs of suit, and the defendants have appealed.

The defendants demanded a bill of particulars and, in response thereto, plaintiff served on them and filed a list of payments made by the plaintiff to various persons and firms, aggregating $4,779.35, at the end of which appears the following: “The above and foregoing amounts are moneys ad vanced by plaintiff to and for the use and benefit of the defendants Fickett & MeFadden for labor and materials furnished and used on building contracted to be erected and constructed by Fickett & MeFadden for plaintiff . . . , some of which above named amounts were secured by mechanics’ liens filed by creditors in actions to foreclose same.”

The court, on stipulation of the parties, appointed a…