Chubbuck

This action was commenced to recover a balance of an account for goods, wares and merchandise sold and delivered by plaintiff to defendants. Judgment went for plaintiff. From an order denying a motion for a new trial this appeal is prosecuted.

The ground chiefly relied upon by appellants is the insuf- • fieiency of the evidence to justify the decision. It appears from the record that the respondent owned and operated a brickyard near Baden, in San Mateo county; that on March 3, 1906, it entered into a contract with appellants for the sale of brick. The contract was signed by Thomas Butler, the president of the respondent, as follows: 11 The Baden Brick Company, per Thos. Butler.” Two days later a bill of sale was executed of certain brick at a brickyard in San Francisco at Sixth and Berry streets, by Thomas Butler individually to the appellants. The appellants expressly admit the indebtedness alleged, but claim it is due, not to the respondent, but to Thomas Butler. This claim is without merit.

The amount sued for covers brick delivered in March, 1906, from the yards both in San Francisco and in Baden; and appellants’ own ledger, which was introduced in evidence, by respondent,…