Wirta
Wirta v. Vergona
Opinion
Lead Opinion
Peek, J.
By his complaint, plaintiff sought to recover the balance alleged to be due him on the sale of logs to defendants Willat, Vergoña, and Lombardi, as partners operating a sawmill in Humboldt County. Defendants Vergoña and Lombardi pleaded a discharge in a voluntary bankruptcy proceeding and by stipulation of counsel, the case appears to have been abated as to them. Defendant Willat, by his answer, denied generally the allegations of plaintiff’s complaint, and specifically denied there had been any sale to him, that he *366 was a partner, or that he had held himself out as such. The cause proceeded to trial on the issues as framed and at the conclusion, the court found in favor of plaintiff and entered judgment accordingly.
Essentially, the sole contention made by Willat on appeal is that the evidence is insufficient to support the findings and in particular the finding “That it is true that defendant Willat, represented himself and allowed himself to be represented to plaintiff as a partner of defendants Vergoña and Lombardi, and that on the faith of such representations plaintiff extended the aforementioned credit to defendants and to the apparent partnership composed of…