Bennett

This appeal is from the judgment herein in favor of the plaintiff for $7,780.94 on account of goods, wares, and merchandise alleged to have been sold and delivered to defendant by the plaintiff and its assignors. The original and the second amended complaints were against the Chowchilla Creamery Company and R F. Bennett and A. L. Gambrill. The original complaint does not appear in the record. The second amended complaint alleges that the “Chowchilla Creamery Company is and at all times herein mentioned was a corporation.” There is no allegation that Bennett and Gambrill held any official position in the creamery company. By the third amended complaint, which makes Bennett the sole defendant, it is alleged that Bennett “caused to be prepared and filed in the office of the county clerk of Madera County, California articles of incorporation of what was designated as ‘Chowchilla Creamery Company, ’ and thereafter caused such further proceedings to be had to that end that on the '9th day of June, 1916, a certificate of incorporation” was issued by the Secretary of State; that the articles of incorporation named three persons as directors and. subscribers to one share each of the…