National Cycle Manufacturing Co. v. San Diego Cycle Co.

The first count in the complaint is to recover a balance alleged to be due on an account. The second is for money had and received. In the third count it is charged that the defendants, other than the San Diego Cycle Company, promised in writing to pay the amount due plaintiff upon the accounts alluded to and described in the first two counts.

Percy Easton did not answer. The other two defendants answered, denying any indebtedness, and also pleaded the statute' of limitations. They show that Percy Easton and Todd & Hawley entered into a contract to deal in bicycles, under the name of the San…