Carvalho

This is an appeal from that portion of the judgment which was entered in favor of defendant George Souza. No appeal is taken from the portion of the judgment granting plaintiff judgment against codefendant Robert McCoy.

Defendant Souza and defendant McCoy entered into a partnership agreement on December 1, 1948, under the name of Los Banos Hay and Grain Company.

In 1949 defendants applied to the State of California for a dealer’s license to conduct such business. Thereafter quite a volume of business was transacted in the vicinity of Los Banos and Firebaugh, and some at Gustine and Dos Palos. Defendants had an office and store where they conducted business, and on the outside of the building was a sign upon which was displayed the name of Los Banos Hay and Grain Company. The names of the defendants were not displayed on the sign. In the latter part of 1949 appellant saw McCoy and Souza at the Santa Rita Park. He asked them what the price of hay was at that time, and was given the price. No offer to buy or sell hay was made at that time.

Respondent Souza testified that this was the first time he had ever seen Mr. Carvalho; that he had never talked to Carvalho about buying hay…