Moore v. Schofield

Temple, C.

— This appeal is upon the judgment roll, which, however, includes a hill of exceptions, settled at the time the decision was ■ made, under section 649 of the Code of Civil Procedure. 1

The action was brought to recover eight thousand four hundred dollars, alleged to be due from the defendants upon a contract made by them with plaintiff, whereby they agreed to purchase certain shares of stock in a mining corporation, upon terms agreed upon.

There was also a cause of action set up for moneys laid out and expended for the use of defendants.

*487It was therefore a suit founded upon an alleged…