Davis

The complaint alleged that the goods were sold to Ogalalla Tribe, Improved Order of Redmen No. 142, an unincorporated association (which will be hereinafter referred to as the association), and other defendants, including one Jack Donnelly, who were alleged to have been doing business under the name of Redmen's Circus and Row Wow. The trial court entered judgment against Donnelly. alone, and it is claimed by the plaintiff, who has appealed therefrom, that judgment should also have been entered against the association.

In support of the contention it is urged that the findings of the court are unsupported and that the decision is against law.

The testimony shows the defendant Donnelly to have been a promoter of public entertainments, which were usually given under the auspices of some social organization, the profits being divided between him and the organization. Defendants Wansleben, Fabri, Ralph, and Harry Eustice were members of the association, and with them negotiations-were commenced by Donnelly which led to the giving of an entertainment which was called a Redmen’s Circus and Pow Wow. The affair was held at Gilroy, on consecutive evenings, and the goods for which…