Biurrun v. Elizalde

Plaintiff appeals from the judgment of the trial court granting the motion of defendant Ramirez for a nonsuit.

The action is for money had and received. The plaintiff testified: “On -the twenty-sixth day of December, 1919, I had business dealings with the defendant Elizalde. . . . Defendant Ramirez was present at that time. I offered to let Mr. Elizalde run my sheep until he could sell them, and agreed with him that I would pay him $2,176 as expenses for running them, and when he sold the sheep he was to pay me $8 per head and beep for himself all that he received over that sum. ... I had 728…