Snow

This action was brought to recover of de- . fendants the sum of $353.74 for groceries and provisions alleged to have been sold and delivered by plaintiff to defendants at their instance and request. The defendant Snow is the son of the plaintiff. He was not served with summons, and did not appear in the case. At the close of plaintiff’s evidence the defendants Mastiek and Nahl moved for a non-suit, which was granted, and judgment accordingly entered. This appeal is from the judgment, and the sole question is as to the ruling on the motion for a nonsuit.

After carefully examining the evidence, we think the court did not err in granting the nonsuit. The theory of plaintiff was that the merchandise was furnished to defendants at the request of each and all of them. The testimony offered was that of plaintiff and his son, one of the defendants here. The plaintiff is, and was at the time named in the complaint, engaged in the grocery business in the city and county of San Francisco. In October, 1897, the defendant Snow was engaged in the business of mining, with the other defendants, in a mine called the “Bull Dog,” in Siskiyou county. The defendant Snow testified that he entered into…