Weaver

This action is one brought by respondent against Atlantian Construction Company, a corporation, and against each of the stockholders thereof as copartners. The relief sought is for damages for the alleged breach of a building contract executed by respondent and Atlantian Construction Company, a corporation, the breach complained of being the alleged failure of the defendants to complete the construction of the building and the alleged allowance by defendants of the filing of certain mechanics’ and materialmen’s liens. From the judgment against the corporation for the sum of $2,877.57 and against each of the stockholders of the corporation for the full am mint, thereof Atlantian Construction Company and J. H. Meyering, one of the stockholders, have appealed.

Appellants urge that the judgment cannot be sustained for two reasons: First, “there is no warrant either in the facts or the law for the judgment against the stockholders of the defendant corporation as copartners,” and, second, “the plaintiff wholly failed in making the necessary proof of the amount of damage suffered by reason of the alleged breach of contract.”

The Atlantian Construction Company, alleged in the complaint…