Torvend

For some time prior to July 1, 1929, defendants J. D. Patterson and W. Witherly had been partners in the sheep business, under the firm name of Patterson & Witherly. During that period the partnership, in the firm name, purchased groceries from plaintiff for their sheep camps; certain groceries were also purchased by Witherly individually. The partnership carried a checking account with the Commercial Bank of Patterson in the name of Patterson & Witherly, out of which account, with cheeks signed “Patterson & Witherly, by W. Witherly”, plaintiff had been paid for groceries during a time prior to July 1, 1929, and extending into May, 1931.

After July 1, 1929, plaintiff continued to sell groceries upon the order of W. Witherly or his employees, charging it upon his ledger to Patterson & Witherly, and at the time of the delivery of the merchandise, handed to the one taking delivery, a memorandum of the items addressed to Patterson & Witherly, and each month, according to his custom, mailed to Witherly a statement of the balance due, showing the items charged to Patterson & Witherly. Cheeks in payment on account thereof were, from time to time, given to plaintiff, such checks being…