Brazil

Plaintiff brought action in the lower court on an alleged “agreement in writing” (pleading the contract in substance and not in haec verba,) against the defendant Pacific American Petroleum Company, it being alleged that same was a copartnership composed of John O. Haley and C. R. Haley, and against the two Haleys individually. Defendant John O. Haley answered, claim ing that he was the sole owner of the Pacific American Petroleum Company. No service was had upon defendant C. R. Haley. The case went to trial upon the complaint and answer of John O. Haley.

The evidence in the ease shows that' the alleged agreement was executed on behalf of the Pacific American Petroleum Company by C. R. Haley and not by John O. Haley. The evidence further shows and the court found that the defendant John O. Haley, during all of the times mentioned in the complaint, conducted and carried on business under the name and style of Pacific American Petroleum Company. In order to prove the alleged contract plaintiff was permitted in the lower court to show what acts had been done by the defendant John O. Haley, this over the objection of defendant John O. Haley, it being urged that before ratification of…