Scott

This is an appeal by defendant from a judgment against him for six hundred dollars, and from an order denying a new trial.

The complaint merely avers that on April 4, 1888, defendant was indebted to plaintiff and certain other named persons in the sum of six hundred dollars for money had and received for the use and benefit of said persons; that the others assigned said indebtedness to plaintiff; and that no part of the same has been paid. The answer specifically denies all the averments of the complaint. There is also a cross-complaint, in which defendant avers that on said April 4, 1888, he and one Meux, being the owners of certain described lots of land, contracted, in writing, with plaintiff and certain other persons to sell them the said lands for one thousand eight hundred dollars, — six hundred dollars in cash, and the balance in two equal payments in six and twelve months; that the six hundred dollars sued for was the first cash payment on said contract; that plaintiff and said other persons went into possession of the land under said contract; that when the other payments became due, defendant and said Meux demanded payment, and tendered a good and sufficient deed of…