Wine Packing Corp. of Cal. v. Voss

GOODELL, J., pro tem.

This action was brought against the appellant and several fictitious defendants doing business as La Colma Wine Company upon an open book account for goods, wares and merchandise alleged to have been sold and delivered to them at their special instance and request and for which, it was alleged, the defendants promised and agreed to pay. C. H. Mitchell was substituted for one of the fictitious defendants notwithstanding he had died a fortnight before the action was commenced. Judgment was rendered against' the appellant William Voss “as a surviving partner of the La Colma…