Ashe

This is an action for goods sold and delivered. The case was tried by the court sitting without a jury, and judgment went for plaintiff against the defendants. The appeal is from that judgment, taken within sixty days after the entry thereof under sections 941A, 941B and 941C of the Code of Civil Procedure.

The facts of this case are simple, and no question of difficulty is presented. The defendants claim that the goods were sold and delivered to the Ruinart Stock Farm, a corporation. Plaintiff, on the other hand, alleged in its complaint that the defendants were copartners, doing business under the name of Ruinart Stock Farm, and were liable as such for the goods and supplies furnished.

The evidence introduced by the defendants tended to prove that the goods were, as claimed by them, sold and delivered to the Ruinart Stock Farm, and in corroboration of this evidence it was shown by the plaintiff’s books of' account that the merchandise in question was in fact charged to the Ruinart Stock Farm. Plaintiff, however, introduced evidence ■ that Gaston M. Ashe represented to the manager of the plaintiff that he, with his brother and codefendant, would be personally responsible for…