Bronge

The original complaint alleged that “on or about the 17th day of September, 1912, plaintiff sold and delivered to defendant 78,458 pounds of raisins at the agreed price of 3 cents per pound, making a total price of $2,353.54; and defendant purchased and received the same at said price”; that the whole thereof is now due and unpaid, with interest at seven per cent per annum from said date. In a second cause of action it is alleged that, on or about the seventeenth day of September, 1912, defendant took and converted to its own use 454 sweat boxes belonging to plaintiff, which were of the reasonable value of 75 cents each, or a total value of $340.50 : that no part of said sum has been paid, and the same is due and owing from defendant to plaintiff, with interest thereon at seven per cent per annum from said date. Judgment is prayed for $2,694.24, with interest at seven per cent from September 17, 1912, to date of judgment. The complaint was filed September 27, 1912.

On October 23, 1912, plaintiff filed a first amended complaint. The first cause of action is the same as in the original complaint. The second cause of action is the same as stated in the original complaint except that…