Sanborn

This action was brought by Charles Ford, A. A. Morey and J. S. Menasco, copartners in the name of Charles Ford & Co., against J. F. Cunningham, James Dougherty and Henry L. Middleton, copartners in the name of J. F. Cunningham & Co., to recover $406.08, balance of an account for goods, wares and merchandise sold and delivered, alleging that the whole value of the goods sold was $906.08, of which $500 had been paid. The answer denied a sale and delivery to the defendants of goods, etc., of the aggregate value of $906.08, or of any greater value than $156.08, which last-named sum they admitted to be due and unpaid. Upon the first trial, *97 plaintiffs had judgment, and upon appeal the judgment was reversed, and a new trial ordered: Ford v. Cunningham, 87 Cal. 209 , 25 Pac. 403 . Afterward, Charles Ford died, and Lucius Sanborn and William Vanderhurst, his executors, were substituted as parties plaintiff in his stead. The sum of $156.08, admitted by defendants to be due, was for three lots of potatoes sold and delivered to them by Ford & Co. The remaining $250 is part of the sum of $750 agreed to be paid to Ford & Co. for a lot of barley, but whether the firm of J. F. Cunningham &…