Section 1378.-VERBAL OR WRITTEN ASSIGNMENTS.An assignment of a written contract must be in writing. An open account, or debt, not evidenced by a contract in writing, may be assigned verbally.

An ordinary contract may be assigned by writing on the back of the contract, or by a more formal and separate paper, at the option of the parties.

Section 1379.-TIME OF ASSIGNMENT.-It is immaterial when the assignment is made. An indebtedness due for services may be assigned either before or after the services are completed, and it will be a good assignment. (Decided by the District Court of Appeals, in the case of Union Collection Co. vs. National Fertilizer Co., which decision is printed in Volume 82 of the Pacific Reporter, page 1129.)

Section 1380.-ASSIGNMENT OF WIFE'S EARNINGS.-A wife's earnings may be her separate property, by agreement with her husband, or because of her living separate from him; and where this is so, she may assign her claim for wages. (Decided by the District Court of Appeals, in the case of Greve vs. Echo Oil Co., which decision is printed in Volume 96 of the Pacific Reporter, page 904.)

Section 1381.--ASSIGNMENT OF WAGES.-An assignment of wages or salary to be earned, under an existing employment, may be made, and will be valid if made in good faith and for a valuable consideration. The assignment will be good, although the assignor works from day to day, and is hired for no specified time, or may work by the piece, and his wages per month vary, and he may be discharged at any time. (Decided by the District Court of Appeals, in the case of Cox vs. Hughes, which decision is printed in Volume 102 of the Pacific Reporter, page 956.)

Section 1382.-ORDER DRAWN ON DEBTOR.-An order drawn by a creditor on his debtor, for the whole amount of the indebtedness, operates as an equitable assignment of the debt to the payee, and a verbal acceptance of the order by the debtor is valid. (Decided by the Supreme Court of California, in the case of Joyce vs. Wing Yet Lung, which decision is printed in Volume 25 of the Pacific Reporter, page 545.)

Section 1383.-NON-NEGOTIABLE CONTRACTS.-A nonnegotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.

Civil Code, Section 1459.

Section 1384.-ASSIGNMENT BY CORPORATION.-The secretary and general manager of a corporation may assign accounts, under a general authorization, the adoption of a special resolution authorizing it being unnecessary. (Decided by the Supreme Court of California, in the case of Fuller vs. Arnold, which decision is printed in Volume 33 of the Pacific Reporter, page 445.)

Section 1385.-DAMAGES FOR TORT.-A claim for damages for tort, as, for libel, or slander, or personal injuries by reason of accident, cannot be assigned. A claim, in order to be an assignable claim, must be one which is founded upon a contract.

Section 1386.-FORM OF ASSIGNMENT OF CONTRACT.The following is a form of assignment, to be annexed to a written contract. If the contract itself is acknowledged, the assignment should be acknowledged:

and..

Know all Men by these Presents: That we...

named in the annexed instrument, in consideration of the sum of.. dollars, gold coin of the United States, to us in hand paid by.. and.. of the City and County of San Francisco, and State of California, the receipt whereof is hereby acknowledged, do, by these presents, sell and transfer, to the said. their heirs and assigns, the said instrument, and all our right, title, and interest in and to the same authorizing them in our names, or otherwise, but at their own cost, charge, and expense, to enforce the same according to the tenor thereof, and to take all measures which may be necessary for the recovery of the within instrument.

..and.

Section 1387.-FORM OF INDORSED ASSIGNMENT.-The following is a form of assignment to be indorsed on the back of a contract:

For Value Received, I do hereby transfer and assign, to his heirs and assigns forever, all my right, title, and interest, in, to and under the within instrument.

Section 1388.-FORM OF ASSIGNMENT OF DEBT DUE.The following is a form of assignment of debt due: Know all Men by these Presents: That I,

of

of.. of..

for and in consideration of the sum dollars, to me paid by.

the receipt whereof is hereby acknowledged, have sold, and by these presents do sell, assign, transfer, and set over, unto the said..

debt due from.

a certain amounting to the sum of

dollars, for goods sold and delivered (or,

work, labor, and services), with full power to sue for, collect,

and discharge, or sell and assign the same.
covenant, that the said sum of
due as aforesaid.

And I hereby dollars is justly

Section 1389.-FORM OF ASSIGNMENT OF ACCOUNT.— The following is a form of assignment of an account, which may be indorsed on the back of the bill:

For Value Received, I hereby sell and assign to.. the within account, which is justly due from the within named and I hereby authorize the said..

to collect the same.

Section 1390.-ASSIGNMENT OF LEASE OR MORTGAGE.— For a form of assignment of lease or mortgage, see the subject, "Leases" and "Mortgages."

Section 1391.-FORM OF ASSIGNMENT OF CONTRACT FOR SALE OF REAL ESTATE. The following is a form of assignment of a contract for the sale of real estate: Know all Men by these Presents: That I,

for and in consideration of the sum of.

gold coin of the United States, to me paid by.

dollars,

do, by these presents, sell, transfer, assign and set over unto the said..

a contract for the sale of certain

real estate, described as follows, to-wit:

(Description.)

which said contract was made and executed by.

to the said..

day of

unto the said.

19.

and bears date the...

to have and to hold the same his heirs, executors, administrators, and assigns; subject, nevertheless, to the covenants, con, ditions, and payments therein mentioned. And I hereby fully authorize and empower the said....... upon his performance of the said covenants and conditions, to demand and receive the said. the deed covenanted to

be given in the said contract, in the same manner, to all intents and purposes, as I myself might or could do, were these presents not executed.

GUARANTY OF ACCOUNTS.

Section 1392.-GUARANTY DEFINED. A guaranty is a promise to answer for the debt, default, or miscarriage of another person.

A person may become guarantor even without the knowledge or consent of the principal.

Civil Code, Sections 2787, 2788.

Where a guaranty is entered into at the same time. with the original obligation, or with the acceptance of the latter by the guarantee, and forms with that obligation a part of the consideration to him, no other consideration need exist. In all other cases there must be a consideration distinct from that of the original obligation.

Civil Code, Section 2792.

A guaranty must be in writing, and signed by the guarantor; but the writing need not express a consideration.

There are some cases in which a promise is made to answer for the obligation of another, where the promise is deemed an original obligation of the person making it, and in such cases the promise need not be in writing. But in ordinary cases of guaranty of accounts, where one person promises to answer for the debt of another, the promise must be in writing.

Civil Code, Section 2793.

A mere offer to become a guarantor is not binding, until notice of its acceptance is communicated by the guarantee to the guarantor; but an absolute guaranty is binding upon the guarantor without notice of acceptance. Civil Code, Section 2795.