Dellapiazza

to recover from defendants, as Action copartners in the business of mining, a balance of eight hundred and fifteen dollars and seventy cents alleged to be due plaintiff for labor performed for defendants at their request between the twenty-fifth day of December, 1890, and November, 15, 1891. The plaintiff had judgment for the full amount of his demand. As to defendant Foley, the judgment ivas by default upon his failure to answer. Bohannan alone appeals from the judgment, and also from an order denying his motion for a new trial.

It is not questioned that plaintiff was employed by defendants and performed the labor as alleged, nor that there was a balance of eight hundred and fifteen dollars and seventy cents due him for such labor on November 15, 1891; and it was admitted by appellant on the trial that defendants were mining copartners when plaintiff was employed, and so continued until July 2, 1891.

It was found by the court that on July 2, 1891, defendants sold and conveyed by deed the mine on which they had theretofore worked as copartners to a corporation, which thereafter had control of the mine and the wofk therein; and that the deed to the corporation was ■duly recorded…