Muller

This is an appeal by plaintiff from a judgment in favor of defendant.

Plaintiff sued on a promissory note executed by defendant to one Jacob Gorfinkel and by him assigned to plaintiff.

Defendant admitted the execution of the note, denied the assignment to plaintiff, and pleaded that there was no.consideration for the note. The court found in favor of plaintiff as to the assignment, but found that defendant received no consideration for the execution and delivery of said note, and for that reason gave judgment for defendant.

It is. insisted by appellant that the evidence does not support the finding that defendant received no consideration for the execution and delivery of the note, and this presents the only matter to be determined upon this appeal.

We think the contention of appellant must be sustained.

It is shown without dispute that one Lena Sander Hare let a contract to one Bell, whereby he agreed to erect a building for her for the sum of $5,450. This contract was dated October 29, 1908, on which day it was filed in the office of the county recorder.

The said Bell, as principal, and said defendant Muller and one Smith, as sureties, executed to said Lena Sander Hare a…