Williamson

Plaintiff J. A. Folger and Company, a corporation, recovered judgment in the sum of $4,034.64 (the value of 198 cases of coffee) from defendants George Williamson and George B. Plant, individually and as partners doing business under the name of International Freight-ways. Plant has appealed, claiming that certain of the findings of fact are without support in the evidence.

It appears without dispute that for several years until at least September, 1949, Williamson and Plant were engaged in the transportation and storage business as partners under the name of International Freightways. In the latter part of 1947 they entered into a contract with plaintiff to haul coffee from San Francisco to Los Angeles and to distribute it to consignees there, a contract which ended December 1, 1949. In February, 1950, a new contract, dated as of December 1,1949, was signed. Later 198 cases of coffee received by International Freightways were lost, probably misdelivered by Freightways to some person not a consignee of plaintiff.

Plant claims: (1) the defendant partnership had no existence after September, 1949, and was not a party to the contract which was signed in February, 1950; (2) even if…