Kellum v. San Mateo County Title Co.

J.—This is an action to recover on a promissory note. From a judgment in favor of the defendants the plaintiff has appealed.

The makers of the note claim that D. H. Ward was the agent of the plaintiff and that they paid the note, both principal and interest, to D. H. Ward. The plaintiff contends that D. H. Ward was not his agent. The trial court made findings on the subject of agency against the plaintiff. Although he divides his brief into several subheadings, the one point made on this appeal is that the findings on agency are not sustained by the evidence. Before proceeding further it will…