Rudolph

Glenn W. Johnson and Blaine G. Johnson were at all times material to this appeal copartners doing business under the name of Johnson Brothers. They operated a hog ranch near the city of San Diego. On April 29, 1927, they entered into a contract with the" city of San Diego whereby thejr agreed to buy and haul away all garbage collected in the city. The contract was signed with the individual names of the two Johnsons but they were referred .to in the body of the agreement as “copartners doing business under the firm name and style of Johnson Brothers”.

On July 16, 1927, Glenn W. Johnson and Blaine G. Johnson entered into a contract with R. W. Rudolph whereby Rudolph agreed “to haul all garbage collected by the City of San Diego to the hog ranch . . . for a period of ten (10) years”, and the Johnsons agreed to pay him the sum of one dollar per ton therefor. It was further agreed that Rudolph should furnish all necessary equipment for hauling and unloading this garbage but that the record ownership of the equipment should be vested in the Johnsons as security for the faithful performance of the contract by Rudolph, and in case of his breach of his obligations he would forfeit all…