Packwood

Plaintiff recovered a judgment against defendants Smith and Packwood in the sum of $1,-819.84 and Packwood has appealed.

Smith became indebted to plaintiff in this amount in 1957 and the judgment against Packwood was based upon findings that in 1959 Smith transferred certain property owned by Mm to Packwood and that this transfer was in fraud of Smith’s creditors.

In April 1959 Smith entered into a contract with the City of Turlock to demolish 12 buildings. By the terms of this contract Smith agreed to pay the city the sum of $1,452 and was to become the owner of “all materials composing buildings and other structures” to be demolished. The only *584 compensation to Smith provided by the contract was the transfer to him of these materials to be salvaged. The contract required Smith to furnish the city a performance bond of $10,000. Smith and Packwood entered into a written contract under which Packwood delivered to the city his certified check for $10,000 in lieu of the performance bond and Smith agreed to pay Packwood $3,000 in equal installments on May 18 and June 4, 1959.

In August of 1959 Smith had demolished all but two of the buildings. At that time Smith had failed to…