Burrell v. Capt. H. A. Crow Post No. 884

BURROUGHS, J.,

pro

tem.

This is an appeal by the plaintiff from a judgment entered in favor of the defendants Church and Neuman after an order made by the trial court sustaining a demurrer to the second amended complaint.

The said complaint is entitled Cuff Burrell, Plaintiff,

v.

Capt. H. A. Crow Post No. 884, Veterans of Foreign Wars Convention Committee; Percy C. Church and B. A. Neuman, Defendants. It is alleged therein that said Convention Committee at all times mentioned in the complaint was an unincorporated association of persons associated together under the fictitious name above set forth for the purpose of making arrangements for a state convention of the Veterans of Foreign Wars, to be held in Fresno during the month of June, 1926, and for the purpose of providing suitable entertainment and recreation for said convention. That the defendants Church and Neuman were members of said Convention Committee. That on June 6, 1926, as a part of said entertainment, the defendants conducted a rodeo. That for the purpose of holding said rodeo the defendants Church and Neuman entered into a contract with the plaintiff, a copy being annexed to the said complaint. By the terms thereof the plaintiff contracted to furnish certain livestock, etc., and perform other services for which the committee and Church and Neuman agreed to pay plaintiff $1550. That the plaintiff performed all of the terms of the contract required to be performed by him. That the defendants have paid plaintiff in accordance with the terms of the agreement $563, but have failed and refused to pay the balance of $987 now due and unpaid,

[718]

although demand therefor has been made of each of the defendants. The agreement is entitled Cuff Burrell, as the party of the first part, and Captain H. A. Crow Post No. 884, Veterans of Foreign Wars Convention Committee, the party of the second part. In the body of the contract they are referred to as the “party of the first part” and “party of second part.” The instrument is signed “Cuff Burrell, Party of the 1st Part” and “V. F. W. Convention Com. Party of the 2nd Part, By Percy C. Church, Party of the 2nd Part and Bentley A. Neuman Party of 2nd Part.”