Hussey

This is an appeal from the judgment following defendant’s motion for nonsuit. The appeal was taken to the supreme court and by that court transferred to this court for hearing. It was taken under the provisions of sections 953a et seq. of the Code of Civil Procedure, but plaintiff’s counsel has not made any effort to comply with the provisions of the code nor with the rules of court covering such an appeal. As the main consideration for an appellate court upon an appeal from a judgment of nonsuit is whether plaintiff’s evidence was sufficient to support his own case, it should be apparent that the attention of the appellate court should be directed to at least some of that evidence. The court has been assisted to some extent by the voluntary act of the defendant in printing some of the testimony upon which plaintiff relies.

The facts of the ease material to the opinion are that plaintiff claimed to have been a partner of one Loeb, deceased, under a written' agreement made on November 25, 1911, by the terms of which Loeb agreed to employ Hussey as a finisher in Loeb’s furniture business and to pay him for his services the regular union scale rate of wages paid to finishers for the…