Dean

This is an action to recover a balance due on an account for lumber alleged to have been bought by defendants from plaintiffs with which to construct a schooner.

Defendants other than Henrietta G. Witzemann made default. The latter answered, and at the trial verdict and judgment were against her. She appeals from the judgment and an order denying her motion for new trial.

1. The contract for the lumber was made by the defendants, John and William M. Ross, at plaintiff's mill in Oregon, and the vessel was built at Coos bay, in that state, under the immediate supervision of the Rosses or one of them.

The appellant who lives in the city of San Francisco, in this state, had no direct dealings with the plaintiffs, and was not known to them in the transaction when they sold the lumber, but the theory on which the action proceeded against her was that she was a part owner in the vessel at the time the lumber was bought, and hence, jointly with the other defendants, liable therefor.

The only evidence tending to connect appellant with the transaction was that given by herself. She was called as a witness on behalf of plaintiffs, and testified: “ I have four shares in the schooner…