Harrison

Action to recover a balance of the price of goods sold; the action was begun against John McCormick and Oscar Lewis, alleged to be partners under the name of McCormick & Lewis; plaintiff had judgment, which was reversed on appeal, for the reason that one T. A. McCormick was shown to be a co partner with said defendants and a necessary party to the action. (Harrison v. McCormick, 69 Cal. 616 .) Plaintiff then amended his complaint, joining said T. A. McCormick with the former defendants, and alleging, among other things, that the contract sued upon was made with the three as copartners under the firm name of McCormick, Lewis & Co. Between the time of the commencement of the action and the amendment aforesaid, the statute of limitations applicable to plaintiff’s demand had run in favor of T. A. McCormick; he pleaded the same by demurrer to the amended complaint, the court sustained the demurrer and dismissed the action as to him. On a subsequent trial between plaintiff and the two defendants originally sued, the court non-suited the plaintiff at the close of his evidence; he moved for a new trial, which was denied, hence this appeal. There was an intermediate appeal of no present…