Smith v. Bach

Action in assumpsit. Upon a trial of the case first had, a nonsuit was granted, followed by judgment against plaintiffs, which on appeal therefrom was reversed, to which decision (reported in 183 Cal. 259, [191 Pac. 14]) we refer for a full statement of the facts upon which the action is founded.

Upon a retrial, judgment was rendered in favor of defendant Bach, and for plaintiffs against Borgh, bnt for a less sum than the amount claimed by plaintiffs. Thereupon plaintiffs, insisting they were entitled to judgment against both defendants for the fnll sum of their claims, appealed. This judgment…