Stover

Plaintiff brings the action to recover for certain cattle sold to defendants by plaintiff and also as assignee to recover for merchandise sold and delivered, for work and labor performed, for rentals and for pasture, on twenty-nine different claims of like number of persons and for various sums-—in all amounting to $3,521.75. The cause was tried by the court without a jury and plaintiff had judgment for $3,372.27, from which defendant Brown appeals.

Defendant Stevens failed to answer and his default was entered. Defendant Brown answered and denied the existence of the alleged copartnership prior to June 27, 1910, and denied the alleged indebtedness in each instance. The complaint was filed September 28, 1910, and alleged that defendants “are now and .at all times hereinafter mentioned have been copartners under the firm name and style of Stevens & Brown at the county of Plumas. ’ ’ The court made its findings as to the partnership in the language following: “That defendants are now, and at all times in said complaint mentioned have been, copartners under the firm name and style of Stevens & Brown.” This finding is in effect the same as the averment of the complaint with the.…