Weakley

This action was brought upon the common counts to recover the value of box shook and materials sold and delivered by Madera Sugar Pine Company to J. B. Weakley and M. D. Ricci, an individual doing business under the name of Ricci Fruit Company.

The defendant J. B. Weakley failed to appear and his default was entered, but M. Di Ricci answered and upon the issue so raised the court, sitting without a jury, found that defendant Ricci had a financial interest in the transaction hereinafter detailed, and was liable thereon with Weakley, and judgment was entered accordingly. Ricci appeals from the judgment so entered, contending that the evidence does not support the findings and that appellant was not liable for the unpaid balance.

The plaintiff, Madera Sugar Pine Company, was a corporation engaged in the manufacturing and sale of lumber and box shook, and M. D. Ricci had been for many years engaged in the shipping of fruit and grapes under the name of Ricci Fruit Company, with his principal place of business in the city of Madera. J. E. Weakley was a grower and packer of grapes produced from his own vineyard and shipped on consignment to eastern markets through the Ricci Fruit…