Bedell

This is an appeal from a judgment in favor of the plaintiff upon two assigned accounts for goods, wares, and merchandise alleged to have been furnished to the firm of J. Morris & Co., of which firm it is alleged that the appellant herein had held himself out to the assignors of the plaintiff herein as being a member. Upon the trial of the cause the court sustained by its findings plaintiff’s assign ors, in this regard, and rendered its judgment accordingly in plaintiff’s favor. Upon this appeal the appellant contends that the evidence does not sustain the findings of the trial court in this regard.

The evidence in the case discloses that one J. Morris, prior to his death in 1919, had conducted a brush and broom business in the city and county of San Francisco, under the name and style of J. Morris & Co. He purchased brooms and brushes from William James and Walter Bueger, the latter doing business under the name and style of Sunset Broom & Brush Co. Shortly before his death J. Morris took his son Irving Morris with him and called on James and Bueger, informing them that he intended taking Irving in as a partner later on after he had learned the business. After the death of J.…