Zerga

The plaintiff commenced an action against the defendants basing its claim on a promissory' note. The defendants appeared and answered. A trial was had in- the trial court before the court sitting without a jury. The court made findings of fact in favor of tho defendants and from a judgment entered thereon the plaintiff has appealed and has brought up a bill of exceptions.

Plaintiff’s testator, James F. Fugazi, for many years had been a broker engaged in acting as the agent of different transportation companies. Before 1914 he had been associated with certain members of his family. Still later he became associated with one of the defendants, J. F. Bulotti. In the spring of «1920 Fugazi and Bulotti commenced negotiations with the defendant A. Zerga looking toward the formation of a contract of copartnership including the three. Prior to 1914 the Fugazi Company had been on the pay-roll of certain railroad corporations as agents drawing fixed salaries. During the federal administration of the railroads that arrangement did not exist. In May, 1920, Mr. Fugazi expected that the arrangement could be and would be renewed. Belying on those expectations he stated to the defendant Zerga…