The answer was a general denial. There was no plea of non-joinder of parties defendant, and the motion for non-suit was properly denied.

The third and fourth counts in the plaintiff’s complaint state a cause of action. (Wilkins v. Stidger, 22 Cal. 231; Abadie v. Carrillo, 32 Id. 172; Merritt v. Glidden, 39 Id. 564.)

Judgment affirmed.