Bacon

The plaintiff brought this action against William S. Bacon, W. F. James, and Frank P. Bacon, indi vidually and as partners doing business under the firm name of Bacon & James, to recover a balance due for merchandise sold and delivered to the defendants. From a judgment rendered in favor of the plaintiff, the defendant, Frank P. Bacon, appeals.

On the twenty-eighth day of August, 1918, and prior to the time when the account with plaintiff was opened, the defendants entered into an agreement which reads as follows:

Immediately before the plaintiff began to furnish the goods which it claims to have sold to the defendants, the defendant W. S. Bacon applied to the plaintiff for merchandise to be furnished in carrying out the contract above set forth, and exhibited said contract, which then and there was read by the president of the plaintiff corporation. Shortly thereafter W. S. Bacon came to the plaintiff’s store with his father, the defendant Frank P. Bacon. Frank P. Bacon stated that the boys, referring to W. S. Bacon and W. F. James, were starting a threshing-machine and that he had entered into an agreement with them to finance them on this enterprise, and that all bills would…