James v. E. G. Lyons Co.

GRAY, C.

This action is based on an order in words and figures as follows: —

“ $325.00. San Antonio, Mar. 5th, 1897.

“ At sight, pay to the order of D. Sullivan & Co. three hundred and twenty-five dollars, value received, and charge to account of Mayer & Adler.

“ To The E. G. Lyons Co., San Francisco, Cal.”

The order was duly assigned to plaintiff, and he seeks to maintain this action, as appears from his complaint, on the theory that defendant made an unconditional promise, in writing, to accept the order, and thereby actually accepted it, under the provisions of section 3197 of the Civil Code.…