Messick v. Houx Bros., Inc.

PARKER, J., pro tem.

This is an action to recover a balance alleged due for goods sold and delivered. The complaint is in two counts. The first count alleges a balance due plaintiffs on their own account and the second count is upon an assigned claim. Judgment went for plaintiffs on both counts and defendant appeals from the said judgment and the whole thereof.

Three points are raised by appellants, as follows: 1. That plaintiffs have no right to maintain the action by reason of their noncompliance with sections 2466 and 2468 of the Civil Code; 2. That the assignor of plaintiffs in the second…