Bleakmore

Plaintiff had judgment against the defendant Lea Bleakmore, and the defendant Helen Bleak-more had judgment against the plaintiff. Plaintiff thereupon moved the trial court to vacate the judgment in favor of the defendant Helen Bleakmore, and to enter judgment against said defendant in favor of the plaintiff. This motion was denied. From this order and from the judgment in favor of the defendant Helen Bleakmore the plaintiff appeals.

Lea Bleakmore and Helen Bleakmore are husband and wife, residing in Lake County. Helen Bleakmore owns a pear orchard situate in the county of Lake. Her husband, Lea Bleakmore, owns no interest in said orchard. During the times mentioned in these proceedings the orchard was in charge of one Ed Stewart, as foreman, employed and paid by the defendant Helen Bleakmore. Ed Stewart had full charge of the pear orchard in question.

On or, about the fourteenth day of March, 1923, the defendant Lea Bleakmore went to Los Angeles and while there purchased from the plaintiff fifteen tons of Lupine No. 1 fertilizer, at the agreed price of $42.50 per ton, and requested that the fertilizer be shipped to E'd Stewart by way of Hopland. At the time of the purchase, the…