Hourihan

This is an action for damages alleged to have been suffered by plaintiff through breach of contract committed by defendant. Plaintiff alleged in its complaint that on the thirtieth day of September, 1910, in the county of Santa Barbara, it purchased of defendant one thousand sacks of beans at the rate of 4% cents per pound, to be delivered at once, and that defendant failed and refused to deliver the same. As evidencing the alleged contract of sale, plaintiff set out in its complaint that a memorandum of the agreement had been made in the following form: “Sep. 30, ’10, Rec’d. C. C. Co., $160.45 to apply on 1 M. sk lot pink beans as per sample at 4%c. M. P. Hourihan.” Plaintiff alleged that it had been damaged in the sum of $720, plus the sum of $160.45, which amount was alleged to have been paid to defendant at the time of the making of the agreement. The complaint was unverified. The defendant by answer made general denial thereto, and alleged further that plaintiff had executed to him a voluntary acquittance of an indebtedness in the sum of $160.45, which sum of $160.45 defendant alleged that he had tendered to plaintiff before answering together with interest at seven per cent…