Robinson

Action to recover money due upon written contracts, and upon an open book account and an account stated, for radio and television advertising. The corporation which was owner of the radio and television stations assigned its claim to plaintiff. Defendants Robinson and Wright, co-partners, were sponsors of the advertising. Defendant Simmons conducted an advertising business under the name “Dean Simmons Advertising.” In a non jury trial, judgment was for plaintiff, and against the defendants, on the two causes of action which were based upon written contracts; and judgment was for defendants on the causes of action upon an open book account and account stated. Defendants appeal from the judgment which was in favor of plaintiff.

The principal alleged defense of Robinson and Wright was that Simmons (who placed the advertising with the stations) was an independent contractor and that their legal obligation was to him and not to the owner of the stations. The principal alleged defense of Simmons was that he was the agent of Robinson and Wright who were disclosed principals, and that he, as agent, was not liable for the indebtedness.

Appellants contend that the evidence does not…