California Canning Peach Growers v. Bardell & Oregoni

As filed in the trial court the complaint in this action named the defendants as follows: “Bardell & Oregoni, V. Bardell, John Doe Oregoni, Richard Roe and Sam Stoe”. While our attention has not been called to the substitution of the name of Maria Oregoni as one of the defendants given a fictitious name in the title, it appears from the record that she filed an answer as one of the defendants. The complaint does not allege the existence of any partnership between the defendants, but simply sets forth that the defendants, on a certain date, applied for membership in the plaintiff-association. Upon this appeal it is contended that U. Bardell, G. B. Oregoni and Maria Oregoni are co-partners. The trial court, however, found that the partnership consisted only of U. Bardell and G. B. Oregoni. (We may here state that the names of the defendants are spelled-differently in different portions of the transcript, but we will follow the spelling as given above.)

The plaintiff, appellant in this action, is an association regularly incorporated under the laws of the state of California, as a nonprofit co-operative association, for the purposes of marketing peaches grown by the members of the…