Isom

In the first count of the complaint the plaintiff stated a cause of action for merchandise sold and delivered to the defendants, in part by the plaintiff and in part by the plaintiff’s assignor, the Pioneer Transfer and ¡Storage Company. On this cause of action judgment was rendered in favor of the plaintiff in the sum of $82.35. The only point urged by appellants in connection with this cause of action is that the action should abate because plaintiff’s assignor, the Pioneer Transfer and Storage Company, never complied with sections 2466 and 2468 of the Civil Code, by filing and publishing, as required by those sections, a certificate stating the names of the members of the partnership, etc.

Section 2468 requires that the certificate be filed and the required publication be made within one month after the commencement of the business, or after the formation of the partnership, or within one month from the time designated in the agreement of its members for the commencement of the partnership. The partnership in question was formed on the first day of April, 1917, its members being R. H. Isom and A. W. Johnson. Johnson died on the twenty-fifth day of that month, and, therefore,…