Hawk

Action on a contract. Defendant demurred to the complaint for insufficiency of facts, and also for the reason that the action is barred by section 336 of the Code of Civil Procedure. Defendant had judgment, from which plaintiff appeals. The complaint alleges that on May 12, 1890, one Matthew Lennox obtained a deficiency judgment for the sum of six hundred and twenty-eight dollars and sixty-six cents, arising out of a foreclosure suit, against one W. P. Harlow, and that the said judgment is unsatisfied, unpaid, and unreleased; that on May 16, 1893, defendant herein entered into a written contract with Harlow which recites that defendant, on December 12, 1892, had agreed to purchase a certain mine known as the Harlow mine, situated in Placer county, for the consideration of fifteen thousand dollars, and that since said contract of purchase, to wit, on said May 16, 1893, Harlow had delivered to defendant a deed to said mine duly executed and acknowledged. The contract then reads: "Now, as part of the consideration for said deed, the undersigned agrees and binds himself as follows to the said W. P. Harlow: 1. To pay and satisfy a certain judgment in favor of Matthew Lennox against W.…