Colquhoun

This is an appeal from a judgment in favor of the defendants in an action brought by the plaintiff as assignee of a certain firm, to recover the sum of $750 as the reasonable value of certain goods, wares, and merchandise alleged to have been sold and delivered by said firm to said •defendants as a copartnership and individually, and for which they had refused to pay.

The four defendants who were served with process and appeared herein denied that they were copartners, or that as .such or individually they or either of them had purchased any wares or merchandise from plaintiff’s assignor; and they also averred affirmatively that plaintiff had already recovered judgment against certain other persons on account •of the sale to them of such goods. Upon the issues thus framed the cause went to trial, at the conclusion of which the trial court gave judgment in favor of the defendants. The court also denied the plaintiff’s motion for a new trial •on the ground of newly discovered evidence, and from such judgment and order the plaintiff appeals.

We find no merit in the first contention of the appellant that the evidence was insufficient to support the findings and .judgment in…