Nathan

Plaintiff and appellant Harry Nathan brought this action against defendant and respondent American Photoplayer Co., seeking judgment in the sum of $2,500 upon an alleged express contract and also upon common counts for services as a financial agent or broker in procuring the extension of credit to respondent by a New York bank. The cause was tried by the court without a jury and judgment entered in favor of defendant and respondent, American Photoplayer Co., from which judgment plaintiff and appellant Harry Nathan appeals.

Louis E. Goodman intervened as a stockholder of the defendant and respondent corporation and moved that the action be dismissed on the ground that the corporation had forfeited its charter in 1924 by reason of failure to pay its taxes and had therefore ceased to exist prior to the commencement of this action. The motion was denied, and from this order the intervener and appellant Louis E. Goodman appeals. It was stipulated by the parties that the bill of exceptions and transcript might be used on the appeal of the intervener as well as on the appeal of plaintiff.

On this appeal plaintiff and appellant, Harry Nathan, contends that the findings are not supported…