Inman

The action was to recover $2,585, the balance due, for the sale and delivery of redwood ties at fifty cents apiece. The court found, upon sufficient evidence, that “said plaintiffs sold and delivered to said defendant at said defendant’s special instance and request 24,473 split and hewn merchantable redwood railroad ties; that said ties were eight feet in length and six inches by eight inches in size ; that said ties were delivered to and received and accepted by said defendant at its flume near Rollerville, in the county of Mendocino; that said defendant agreed to pay said plaintiffs fifty cents for each of said ties so delivered; that said defendant became indebted to said plaintiffs in the sum of $12,286.50 on account of said ties so delivered; that said defendant paid to said plaintiffs for and on account of said ties so delivered the sum of $9,651.50 and no more.” The judgment thereupon followed in favor of plaintiffs for the balance due.

The main reliance of appellant seems to be upon the claim that “The evidence fails to show that the plaintiffs Inman and Foster were jointly entitled to recover any sum whatever from defendant, the evidence showing affirmatively that any…