Robinson

Plaintiff instituted this action for the purpose of recovering the sum of $815.60, with interest from October 23, 1909, said sum representing, it is alleged, the purchase price of fish sold and delivered by plaintiff and his assignors to the appellant.

J. P. Meng, who was made a party defendant, was not served with summons, and the appellant was, therefore, alone proceeded- against. (Code Civ. Proc., sec. 414.)

The cause was tried by jury and a verdict returned awarding plaintiff the total sum declared upon, with interest at the rate of seven per cent per annum, from the twenty-third day of October, 1909, the date of the delivery of the fish to appellant, and judgment was entered in favor of plaintiff in accordance with the terms of said verdict.

The appeal here is by the defendant, American Fish and Oyster Company, from the judgment so entered, the record being brought here by the method authorized by sections 953a, 953b and 953c of the Code of Civil Procedure.

The complaint contains seventeen counts, of which sixteen represent an equal number of distinct claims of persons and firms for fish sold and delivered to appellant, and which claims were, it is alleged, assigned to…