Grant

This is an action for an accounting, and to recover money alleged to be due the plaintiff.

The complaint alleges that one John Grant, the plaintiff’s testator, was the owner of a certain marble monument of great value, and that, for the purpose of effecting a sale thereof, he placed the monument in the possession of the defendant, with authority to sell it; that defendant accepted the monument for and on account of said Grant, and took and held the same until some time in May, 1885, when, under the authority so given, he sold it, as plaintiff is informed and believes, for the sum of one thousand dollars, or thereabouts, and received the purchase price thereof; and that “since the sale of said monument, and the receipt by defendant of the purchase price thereof, plaintiff, as such executrix, has demanded from defendant an accounting of said sale, and the payment to her of the purchase price of said monument; and defendant has refused, and still refuses, to account for or pay the same, or any* part thereof.”

The defendant demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, and his demurrer was “overruled for want of…