Old River Farms Co. v. Roscoe Haegelin Co.

This is an action to recover unpaid rent. The making of the lease and the nonpayment of the last installment of the rent thereunder are admitted. The lease was between plaintiff, a corporation, and Roscoe Haeglin Company, .which is described in the lease as “a Trust Association organized and existing under the laws of the State of California.” Plaintiff brought this action against Roscoe Haegelin Company as an unincorporated association and certain of the members thereof, whose association and membership in the said company is not denied. Judgment was rendered in favor of the plaintiff and against all of the named defendants, and all of said defendants have appealed.

There is no contention made here that the judgment as to the defendant Roscoe Haegelin Company is in any particular erroneous. The individual defendants, against whom judgment was rendered, present this appeal on the claim that whatever may have been the liability of the defendant Roscoe Haegelin Company there was no liability on the members of said company individually. It is conceded that on the record before us the judgment against Roscoe Haegelin Company must be affirmed. We will then consider the appeal of the…