McIntyre

This action was brought by the owner of a newspaper route to recover for advertising space in the “Los Angeles Times,” claimed to have-been purchased from him by the defendants. From a judgment for plaintiff one of the defendants, Mox, Incorporated, has taken this appeal.

There is no dispute as to the fact of publication of the advertisements or as to the amount of the bill therefor, but appellant contends that respondent was not an independent contractor, but a mere agent for “The Times,” and hence that not he but the publisher of the newspaper was the real party in interest and, under the provisions of section 367 of the Code of Civil Procedure, the only party capable of instituting and maintaining the action. Appellant further argues a lack of evidence to support the finding that it ordered or agreed to pay for the advertisements.

As to the first of these points, it appears without contradiction that respondent owned a “Times” route or, as it is referred to in the written contract between himself and the Times-Mirror Company, publishers of that newspaper, a “carrier service district or agency of the Los Angeles Times.” This contract is silent upon the question of advertising,…