Mays

Plaintiff brought this action to recover from defendants a balance of $1,332.23 which he claimed they owed him for baling hay and for fuel furnished to the amount of $45.

In his original complaint he named as defendants only defendants Wann, Towel, and Chase and the copartnership of which they were members. In his amended complaint filed April 9, 1926, some six months before the trial of this case, he joined the Golden Eagle Milling Company, a corporation, The Tubbs Island Land Company, a corporation, and Howard C. Price as defendants. This amended complaint set forth that during the year 1925, at the instance and request of the defendants, plaintiff performed work, labor, and service upon the land of the Tubbs Island Company in baling hay for said defendants and at their instance and request did bale 1,945 tons of hay, and that as consideration therefor it was agreed by defendants that they would pay to plaintiff $2.50 per ton for baling said hay and to furnish plaintiff with fuel.

The case was tried by the court, without a jury, and the judgment was in favor of the Golden Eagle Milling Company and Howard C. Price for their costs, and against Wann, Towel, and Chase, on their…