Kraner

Judgment passed for defendant herein, and plaintiff appealed therefrom.

The questions to be considered arise on a demurrer to the complaint.

The first ground of the demurrer, that the complaint does not state facts sufficient to constitute a cause of action, is manifestly untenable.

The complaint states the payment of a sum of money by plaintiff at the special instance and request of defendant, for which money so paid defendant is indebted to him, and that he (defendant) has failed and refused to pay this money, or any part of it. The law on, the facts stated implies a promise by defendant to pay the money to the person paying it at defendant’s request, and in such case it is unnecessary to aver the promise. That which is implied by law need not be averred. (Stephen’s Pleading, 353, 354; Gould’s Pleading, c. 3, sec. 8.)

The preceding statements are matters of inducement only.

The second ground of demurrer is, that the cause of action set forth in the complaint is barred by the provisions of section 337, and by subdivision 1 of section -339, and by section 343 of the Code of Civil Procedure of this state.

These sections are a part of the statute law of this state, limiting…