Bach

Action in assumpsit. Upon a trial of the case first had, a nonsuit was granted, followed by judgment against plaintiffs, which on appeal therefrom was reversed, to which decision (reported in 183 Cal. 259 , [ 191 Pac. 14 ]) we refer for a full statement of the facts upon which the action is founded.

Upon a retrial, judgment was rendered in favor of defendant Bach, and for plaintiffs against Borgh, bnt for a less sum than the amount claimed by plaintiffs. Thereupon plaintiffs, insisting they were entitled to judgment against both defendants for the fnll sum of their claims, appealed. This judgment was affirmed. (See 53 Cal. App. 63 , [ 199 Pac. 1106 ].)

[1] Borgh has likewise appealed from the judgment so rendered against him. Based upon the record presented, there is no’ merit in his contention that, by reason of the action of the court in sustaining a demurrer to plaintiffs' second amended complaint in a former action, an adjudication of the subject of litigation was had which constituted a bar to the bringing of a new suit to recover the amount-claimed. Neither the second amended complaint in the former action nor the demurrer thereto is set forth in the record, without which…