Credit Bureaus of Merced County, Inc. v. Fuller

[496]

CONLEY, P. J.

Otis D. Fuller appeals from a judgment in favor of the plaintiff Credit Bureaus of Merced County, Inc., a corporation, and against him personally and Fuller & McCulley, the alleged partnership, on four assigned claims, as follows:

Pacific Gas and Electric Company..........$ 9.07

Aaron L. Kelley......................... 37.90

Concrete Supply Company................. 197.89

Baleme Construction Company............. 425.00

The judgment carried interest on the above amounts and costs of suit.

The services and materials were furnished by the assignors in connection with the construction of an $18,000 dwelling house in the City of

Merced;

the application for the building permit was made in the name of Fuller & McCulley by one Earl Dillard. Each of the assignors gave credit based on the representation that the partnership was constructing the residence.

The defense urged by the appellant is that while there was originally a partnership between him and Mr. McCulley, it was dissolved prior to the time when the bills were incurred and that, therefore, he had no liability for them.

Essentially, the question to be determined by this court is whether the trial court had substantial evidence to support its findings. If there was such evidence, it is elementary that we cannot indulge in any speculation as to which witnesses should have been believed or as to the relative weight of the conflicting evidence, including inferences and presumptions.

The original existence of the partnership, Fuller & McCulley, was unquestionably proven. Mr. Fuller himself testified that such a partnership did in fact exist prior to the 31st day of May, 1955, and that it carried on a contracting business with headquarters in Fresno. Inasmuch as there is a presumption that a partnership once proved to exist continues in being unless and until the contrary is shown