Solt

Plaintiff sued to recover a balance of $1,067.55 alleged to be due for grading and oiling a portion of Fifth Street in the city of San Bernardino. Judgment went for defendants and this appeal followed. In its opening brief plain'' T thus states the questions involved on this appeal:

Plaintiff’s assignor, George Herz & Company, was a partnership. After the performance of the work here involved it assigned all its assets, including this claim, to the plaintiff corporation.

The defendants Douglas Shaw, Frank J. Solt and Robert F. Garner, Jr., and W. E. Daimwood and a number of other residents of San Bernardino who are not identified, were interested in improving Fifth Street from Ramona Street west to the city limits of San Bernardino. Meetings were held and the four we have named were chosen or acted as directors or managers of what was termed the Fifth Street Improvement Association. Subscription lists were circulated and signed by a number of persons who severally agreed to pay the respective amounts set opposite their names. It is clear that among themselves the respective obligations of the signers of these subscription lists were several and not joint and several. (Moss v.…