Knipe

We reverse the judgment here as to appellant Nellie Knipe because it rests upon a finding of fact which has no support in the evidence or the record. We reverse the judgment as to both appellants because they were precluded from introducing any evidence on a pleaded cause of action upon which they relied for recovery.

Appellants and respondent entered into a written contract dated March 1, 1958. Under this contract appellants were given the right to log all the timber on respondent’s lands, and respondent was given the right to terminate the contract on three days’ notice. Appellants entered into the contract under the names of “Andy Knipe and Nellie Knipe, doing business as Salvage Logging Co.”

On September 17, 1958, Andy Knipe became bankrupt.

On March 25, 1960 appellants filed a complaint against respondent seeldng declaratory relief, an injunction and specific performance. Several causes of action are alleged in the complaint. In their third cause of action appellants allege that on January 23, 1959, appellants and respondent entered into an oral agreement by which appellants were given until December 22, 1959, to log respondent’s property, and in which oral agreement…