Barrios

This is an appeal from a judgment in the plaintiff’s favor in an action brought by him as the assignee of Lewis-Simas-Jones Co., a copartnership, to recover from certain stockholders of the Pacific Trading Company, a corporation, their proportionate share of the liability of said last-named corporation arising out of its alleged breach of warranty. The transaction out of which the cause of action arose was one in which the Lewis-SimasJones Company gave its written order to the Pacific States Trading Company for .a certain quantity of “Export-cured boneless codfish” and for a certain further quantity of “Export-cured whole codfish,” to be packed by the latter corporation in or near San Francisco, for shipment by the copartnership, the plaintiff’s assignor, to Valparaiso, Chile, which order being accepted, the fish, in due course, were packed and delivered in hermetically sealed tins, cased for foreign shipment, to the steamship company at San Francisco consigned to said foreign port. Arriving there in December, 1915, they were on examination found to be spoiled and unfit for human consumption, and were destroyed by the public authorities. Thereafter the plaintiff, as assignee,…