Lundgren

The record in this case shows that while appellee was riding as a guest in an automobile being driven upon and along an intersecting highway, in the city of Fresno, Cal., a motortruck, owned by Louis J. Vercesi, driven and operated by one Philip Riley, his agent, was so carelessly and negligently operated and thereby made to collide with and run into the automobile in which the appellee was riding and appellee was thereby injured, bruised, and.damaged; that thereafter ap-pellee, after trial duly had, recovered a judgment in the superior court of California for Alameda county, for the amount of damages entailed by said injuries caused by said collision of $6,906.50; that said judgment has become final and is wholly unpaid; that said Vercesi, owner of; said truck, and Riley, the driver and agent of the owner, are insolvent; that a writ of execution upon said judgment was duly issued and delivered to the sheriff of Alameda county and was by him returned unsatisfied.

That prior to said injury the appellant and Vercesi had entered into an agreement whereby appellant agreed to indemnify Vercesi against liability not exceeding $10,000, with taxable costs and interest, which should arise…