Webster

This action 'was brought to recover the sum of $1,798.05 for goods, wares, and merchandise purchased by the association for use in its business and plaintiff had the judgment. The appeal is by G. B. Gotello and Frank Lagomarsino, who were members of the association and against whom an individual judgment was rendered. It is stated by appellants that “there was no dispute as to the amount of the demand for plaintiff, and so the question involved on this appeal is simply whether the appellants can be held individually responsible for the claim of plaintiff.” The criticism of appellants is addressed to the consideration that the court found a partnership existed, whereas—so it is claimed—the evidence is insufficient to show such a relation among the parties composing the association. But appellants are in error as to such finding. It is true the association is designated a partnership, but the finding is: “That the fol lowing named persons at all times herein mentioned were associated in business and transacted such business under a common name, to wit, the name of San J oaquin Fruit and Vegetable Growers’ Protective Association, and that said persons at all of said times were…