Biurrun

Plaintiff appeals from the judgment of the trial court granting the motion of defendant Ramirez for a nonsuit.

The action is for money had and received. The plaintiff testified: “On -the twenty-sixth day of December, 1919, I had business dealings with the defendant Elizalde. . . . Defendant Ramirez was present at that time. I offered to let Mr. Elizalde run my sheep until he could sell them, and agreed with him that I would pay him $2,176 as expenses for running them, and when he sold the sheep he was to pay me $8 per head and beep for himself all that he received over that sum. ... I had 728 head of sheep that I turned over to Mr. Elizalde. . . . We had a conversation outside on the same day, and Mr. Ramirez suggested that we make a note, and Mr. Ramirez wrote a note for us for the sum of $8,000. After I got the note I took it up to Mr. Carlin's office and Mr, Carlin said it was no good, and he drew another note, which note Elizalde signed. ... I took Elizalde's note in payment of the sheep. . . . Q. Did you sell your sheep at that time to Elizalde? A. I gave him to run the sheep. . . . Q. Did you sell them to him on that day? A. No, sir. Q. Why did you take that note for…