Goldberg

This is an appeal from an order denying the defendant a new trial after judgment in favor of the plaintiff in an action instituted for the recovery of the sum of one thousand five hundred dollars, the amount of a check drawn by the defendant on the Crocker National Bank in favor of the plaintiff’s assignor, and upon which payment was stopped.

The facts of the case upon which the findings and judgment of the trial court rest are practically undisputed, and in substance are these: Plaintiff’s assignor, Jacob Goldberg, was a tenant in common of the Keil Estate Company, a corporation, of certain real property consisting of twenty lots situate in the city and county of San Francisco, each owning an undivided one-half interest therein. On August 1, 1908, and during the absence of Goldberg in Europe the Keil Estate Company signed a contract with one Lucas, who represented the defendant Getz, whereby it agreed to sell the lots for the sum of twenty thousand dollars. The name ‘ ‘ Goldberg Estate Company” was also signed to this agreement by E. A. Keil, the president of the Keil Estate Company, but it was an admitted fact in the ease that there was no Goldberg Estate Company in existence,…