Shannon

The defendant Elsie P. Betts has appealed from the judgment herein given against the defendants jointly.

The complaint states five separate causes of action: the first, for moneys paid out and expended for the use and benefit of defendants; the second, for services performed by plaintiff; the third, for the reasonable value of the use of plaintiff’s automobile in the performance of such services; the fourth and fifth, for services performed by other persons, the claims for which were duly assigned to plaintiff; all at the special instance and request of defendants. The complaint does not allege that the defendants were partners or state the relation between them which would make them jointly liable. The plaintiff introduced evidence at the trial tending to show that the defendants were in fact partners. The defendants, who filed separate answers denying the allegations of the complaint, testified that Mrs. Betts was not a partner of Calmus or interested in the enterprise in which he was engaged, but that she was merely his secretary, employed by him at a salary of $75 a month.

Calmus was engaged in the promotion of an enterprise to prospect for oil and for that purpose, through…