Mayberry

The defendants appeal from the judgment and from an order denying their motion for a new trial. The action was tried by the court without a jury.

The complaint alleged that the defendants were copartners •doing business as factors and commission merchants at the city of Los Angeles; that plaintiff from time to time consigned to defendants oranges belonging to him, to he sold by defend *589 ants as factors and commission merchants, on account of the plaintiff, and that on September 7, 1893, an account was stated between plaintiff and defendants, upon which there was found to be due to the plaintiff from the defendants a balance of thirteen hundred dollars and eighteen cents on account of said sales of plaintiff’s oranges so consigned by plaintiff to defendants and by them sold as plaintiff’s factors and commission merchants; that defendants agreed to pay said balance, but have not paid the same or any part thereof.

The defendants answered separately and specifically denied each of the allegations of the complaint, and pleaded that the action was barred by each of the sections 339 and 344 of the Code of Civil Procedure. Defendant Langley also pleaded that defendants had been…