Hill

This is a second appeal. On the former appeal a judgment in favor of the defendant was reversed. (Auburn etc. Assn. v. Hill, 32 Pac. Rep. 587 .) Judgment was in favor of plaintiff at the second trial, and defendant now appeals therefrom and from an order denying his motion for a new trial.

1. There is nothing substantial in the claim that certain of the findings are not sustained by the evidence. Of the material facts in the case—that defendant signed the prospectus, which is the basis of the plaintiff’s action; that demand was made upon him for the amount of his subscription; and that he has not paid it or any part of it—the first and last are not denied, while the evidence is uncontradicted in support of the second.

The other matters about which there is some controversy in the briefs—whether the evidence shows that defendant participated in all the meetings of the board of directors of plaintiff down to the time of his resignation therefrom; whether he consented to the purchase *384 of the Lardner lot; and as to the manner in which the proposed amount of the capital stock of plaintiff was increased from twenty thousand dollars to thirty thousand dollars, and others not…