Dennison

This is an action for money had and received. The complaint was filed September 12, 1889, and it alleged that the money sued for — $1,131.73 — was received by the defendant for the use and benefit of the plaintiff on the twenty-eighth day of October, 1887, *541 at the city and. county of San Francisco. The answer denied all the material averments of the complaint, and alleged that the cause of action was barred by the statute of limitations. The case was tried before a jury, and the verdict and judgment were in favor of the plaintiff for the sum of $581.67. From this judgment, and an order denying a new trial, the defendant appeals.

The principal point made for a reversal is, that all the items of plaintiff's demand, except seventy dollars, were received by defendant more than two years before the commencement of the action, and hence their recovery was barred by the statute.

It appears that in 1887 the plaintiff was a street contractor, and the defendant was employed by him to solicit contracts and to collect the moneys due thereon, and that he was to receive for his services a certain percentage of the contract prices. Under this arrangement, defendant proceeded to get…