Brown

This is an appeal from a judgment entered in favor of the defendants upon plaintiff’s refusal to further amend his complaint after a general demurrer thereto had been sustained.

The amended complaint alleges that the defendants Pepperdine and McCalla were copartners doing business under the firm name of Western Auto Supply Agency, and as such copartners conducted their business in San Francisco, at No. 283 Golden Gate Avenue; that on the twenty-sixth day of June, 1919, the plaintiff, being engaged as a salesman in the employ of the California Commerce Corporation, entered the basement of said copartners, which basement was located on the easterly side of Hyde Street southerly from No. 283 Golden Gate Avenue; that at said time Frank Pedro, an automobile machinist, rented and sublet from the said copartnership a portion of the said basement on Hyde Street for and as an automobile repair-shop; that the said copartnership and the said Frank Pedro used a common entrance into the said basement from Hyde Street; that on said date and while the plaintiff was entering said basement for the purpose of visiting said Frank Pedro on business as a salesman for the California Commerce…