Gearhart

This action was brought by plaintiff, as assignee, to recover the sum of one thousand dollars and in terest, alleged to be due from defendant upon a contract with The Oscar Parlier Company, for the purchase of an automobile, and on which the initial payment of eight hundred dollars had been made. Plaintiff recovered judgment and defendant appeals. The principal contention of the appellant, as stated by his counsel, is that “The Oscar Parlier Company was a copartnership, doing business under a fictitious name, which copartnership had failed to comply with the provisions of sections 2466 and 2468 of the Civil Code of the state of California, and therefore its assignee cannot recover in this action.”

[1] In support of his position appellant argues, first, that the evidence shows conclusively that the Oscar Parlier Company, the copartnership, found by the trial court to consist of Mrs. Bertha Y. Parlier and Kathryn Hall Wilson, the only parties executing the certificate of fictitious copartnership required by the section of the Code, in reality consisted of those two and Oscar Parlier, husband of the first-mentioned partner. In this appellant is mistaken. Mrs. Parlier and Kathryn…