Vachon v. Ditz

— This action was brought by respond- • ents as plaintiffs against the appellant Ditz, and one Koebsch, to recover upon an open account for goods *12sold and delivered to them as co-partners, doing business under the name of Koebsch & Ditz. Koebsch was not served with process, and did not appear in the action. Ditz defended, and after a trial to the court sitting without a jury, judgment was rendered against him, from which he appeals.

The trial court found that the partnership, of which appellant was a member, between April 22, 1908, and May 27, 1908, purchased merchandise from respondents and…