Sanders

J. C. Wattenbarger & Sons is a corporation engaged in the sale of building materials and supplies. It sued the defendants, Lester W. Sanders, Anna L. Sanders, Charles W. Hauser, Sherlene Hauser and the respondent herein, Roy L. Sanders, individually and doing business as C & L Construction Co., Ltd., a copartnership. All of the defendants except respondent Roy L. Sanders defaulted, and a judgment was granted plaintiff against them in the sum of $6,-532.24 principal, $3,070.40 interest, and $500 attorneys’ fees, besides costs of suit. The judgment, however, was in favor of Roy L. Sanders, a limited partner, and the plaintiff appealed.

The merits of the appeal depend on whether Roy L. Sanders was responsible to the plaintiff on its account against the partnership for supplies and materials as an alleged general, or as an admittedly limited, partner.

This case previously came before the Fourth District Court of Appeal after the trial court had granted a summary judgment in favor of Roy L. Sanders (J. C. Wattenbarger & Sons v. Sanders, 191 Cal.App.2d 857 [ 13 Cal.Rptr. 92 ]); that judgment was reversed because there were issues of fact which required a trial on the merits.

After…