Sartori

In thisaction the defendants Mario Pozzi, August Borlini, and Valeria Borlini were sued as individuals and as copartners in a restaurant business, which it was alleged they had been conducting under the name of the “Borlini Cafe and Grill. ’ ’ The action was for the reasonable value of merchandise alleged to have been sold and delivered to the defendants, and resulted in a judgment for the plaintiff in the sum of $554.88, from which and from an order denying a new trial the defendants appeal upon the single point that the evidence does not support the finding of the trial court, on the one hand, to the effect that the defendants were copartners, and on the other hand, that the goods sued for were sold and delivered to them at their individual instance and request.

The facts of the case upon which the judgment is based are practically without conflict and are substantially as follows: The Borlini Cafe and Grill was originally conducted by the Borlini Company, a corporation, which was managed by the defendant August Borlini. The other two defendants each held one share of stock in the corporation. The Borlini Company became insolvent, and settled with its creditors, of whom the…