Bridges

In this action against certain stockholders upon their statutory liability, plaintiff seeks to recover from each his or her proportionate share of an alleged indebtedness contracted by the Tefft Motor Car Company, a California corporation. Judgment went for plaintiff and defendant Ida J..Fisk appeals.

The evidence discloses the following: On July 15, 1915, plaintiff and the corporation entered into a written contract—evidenced by the former’s written offer and the latter’s written acceptance—whereby plaintiff agreed to purchase of the corporation a certain automobile for $7,500. The contract provided that the automobile was to conform to certain written specifications indorsed thereon. Plaintiff, at the date of the contract, advanced $750 on account of the purchase price. The balance was to be paid when the car should be received by the corporation at its garage in San Diego. On March 11, 1916, the corporation delivered an automobile to plaintiff, which, after an inspection, he, on March 13, 1916, redelivered upon the ground that it did not comply with the agreed specifications. About two weeks thereafter, namely, on March 29, 1916, the corporation having failed to deliver to him…