Harris

Since the trial in the court below the defendant Frank has died, and the case is prosecuted here against his executors.

The action is indebitatus assumpsit. Complaint in two counts; one for goods, wares, and merchandise sold and delivered, and the other for moneys advanced, paid out, and expended, both alleged to be for and at the special instance and request of defendant. Answer, specific denial of each allegation of the complaint, and a plea that the plaintiffs, who sue as partners in business, have not complied with the requirements of sections 2466 and 2468 of the Civil Code. On the latter plea no point is made on this appeal. Judgment went for defendant; motion for new trial made and denied, and plaintiffs appeal. The appeal is based entirely on the ground that the evidence is insufficient to support the findings.

The pleadings in this case give no intimation as to what is the real character of the action. The leading facts, as developed upon the trial, are: The plaintiffs were partners carrying on a general merchandise business at Independence, in Inyo County. The defendant was an aged and retired man of some means, residing at San Francisco. His sons and son-in-law were…