Sims

In this action the plaintiff recovered judgment for sums found to be due on accounts for merchandise sold and delivered to the defendant by plaintiff’s assignors. From the judgment and an order denying defendant’s motion for a new trial the defendant appeals.

There is no controversy over the correctness of the charges or the amount of the judgment. The goods were furnished on the order of one Dick Ferris and were charged to him, and the defendant’s contention is that he occupied no relation to Ferris that would make him responsible for this indebtedness.

On the sixth day of December, 1911, the defendant Will L. Frew, as party of the.first part, and Dick Ferris, as party of the second part, entered into a written contract concerning a proposed aeronautical exhibition to be held on Dominguez field in Dos Angeles County during the following January. Frew was in possession of said premises as lessee thereof and desired to obtain the services of Ferris “to promote said meet and to act as and to bear the title of general manager, to secure publicity for said meet through the daily papers and. magazines, to arrange for the services of competent press agents and to devote his entire…