Brown

The plaintiff had judgment against the defendants T. H. Kewin, C. D. Swan and Modesto Investment Company, a corporation, in an action for money had and received. From this judgment said defendants appeal.

The transcript shows that about the month of September, 1925, the members of the school board, of the Modesto City School District decided to purchase a certain school site known as and called the “Dry Creek Site.” The site in question was then owned by one De Toe. At the time mentioned the school board did not have the necessary funds with which to make the first payment on the property and the board requested the plaintiff, with others, to advance to the board of education a sum sufficient to make such payment. In accordance with this request the plaintiff advanced the sum of $5,000. The sum of $2,000 was advanced by one Walter Beard and the sum. of $3,000 by the appellants. These sums, aggregating $10,000, were used in making the first payment on the property on the twenty-seventh day of October, 1925. On that date De Toe delivered to the Modesto Investment Company a grant, bargain and sale deed conveying said property to the company and on the same date the company executed…