McCulley

Plaintiffs, as copartners, brought the action against defendants to recover for the value of certain wagons alleged to have been sold and delivered by plaintiff to defendant W. R. Wilkinson, who, it is alleged, was at the time acting in the capacity of receiver of Fandango Lumber Company, a corporation. The remaining defendants are alleged to have been creditors of the said corporation and that defendant Wilkinson was appointed as said receiver at their suggestion, and that in the conduct of the business of the said corporation by said Wilkinson under said appointment as receiver, he was acting as their agent. It is alleged, also, in the complaint, that Wilkinson has departed from the state and still continues to absent himself' from the state. He was not served with summons, as we understand, and the theory of the complaint was, and the claim now made is, that the defendants other than Wilkinson are liable upon the theory that Wilkinson was their agent. The case was tried by the court without a jury and the defendants had judgment for their costs, from which plaintiffs appeal.

It appears that one E. G-. Peterson commenced an action in the superior court of Modoc County against…