Houghton

This appeal is from a judgment in the plaintiff’s favor in an action to recover the sum of $1,500 upon a written contract alleged to have been made between the defendant and one Shirley Ploughton, by the terms of which the defendant agreed to pay to the latter, said sum. The plaintiff sues upon such assigned contract. The defendant denies the existence of any such contract or obligation. He also pleads that any such • contract or agreement, if shown to exist, was wholly without consideration moving to said defendant. He further pleads the bar of the statute of limitations against the plaintiff’s alleged cause of action. The case was tried upon an agreed statement of facts supplemented by some oral testimony of minor importance. The following, briefly summarized, are the undisputed facts of the case.

During the year 1916 Shirley Houghton, who was apparently a consulting engineer in construction work, with his office in San Francisco, California, had been engaged in the preparation of a certain report for the use of the public utilities commission of the city of Denver. The defendant, Kluegel, was also an engineer and was at the time an employee of said Shirley Houghton and his…