Caulfield

The first four paragraphs of the complaint in the action are also alleged, in practically the same language, in the cross-complaint of defendants. They are: (1) That defendants are copartners, doing business as dairymen in the county of Sonoma, under the firm name and style of W. & R. Guglielmetti. (2) “That, on the fourteenth day of September, 1914, defendants and William Caulfield, for the benefit of himself and Thomas Caulfield, made their agreement in writing, in the words and figures as follows, to wit:

(3) That at the time of the execution of the above agreement said William Caulfield, on behalf of himself and the said Thomas Caulfield, “and in pursuance to the provisions of said agreement, paid defendants the sum of one thousand dollars.” (4) That the said Thomas Caulfield then and there became and ever since has been and is now the owner of an undivided one-half interest in and to said agreement (in the cross-complaint, “and the personalty therein described”), “and all rights accruing therefrom, and in and to all claims mentioned in this complaint” (in the cross-complaint, “in and to all claims arising thereon”).

, Paragraph 5 of the complaint reads: “That on or about…