98 P. 148 | Or. | 1908
•Opinion by
Plaintiff offered competent evidence tending to show that defendant, as A. J. Volz, conducted a saloon business at Boise, Idaho, but that he sometimes was known as John Volz; that plaintiff’s assignor, which dealt in supplies for such business, sold the goods to him under the name of A. J. Volz; and that the seller never knew or dealt with any other person under that name than defendant. A part of plaintiff’s evidence consisted of a written statement of an account between the Stern-Prince Company and A. J. Volz, showing the amount sued for to be due. The account was made and dated at Denver, Colo., on May 11, 1906, and to which had been added the following words:
“Going to North Bend, Coos County, Oregon, 5-14-06. Stern and Prince Company. I will pay this in about ninety days. A. J. Volz.”
Mark Weiler, a witness for plaintiff, testified that he had been a traveling salesman for the Stern-Prince Company, had taken an order for goods from defendant as A. J. Volz, and had collected from him a payment on this account; that there was no man in the employ of A. J. Volz by the name of John Volz; that he knew A. J. Volz and John Volz to be the same person and the proprietor of said saloon; that on May 14, 1906, at Boise, Idaho, he requested him to pay this balance; that defendant said he had sold out the saloon; that it had taken all the money he had to pay the debts and establish himself in North Bend, Oregon, and that as soon as he could establish himself in North Bend, which he thought would be in about three months, he would pay in full; and as witness wanted some kind of acknowledgment of the account he asked defendant to sign an agreement to pay
While defendant maintained and offered his own evidence tending to show that his true name is John Volz, that he never was known as, or went under the name of, A. J. Volz, but that he had a cousin of that name, who conducted a saloon at Boise, and for whom he was employed as a clerk in the saloon at the time the goods were sold, and that they were bought for his cousin and in his name; that as such clerk he ordered the goods for and in the name of his principal, wrote letters to the seller and signed the name of his principal thereto, and made payments thereon in the name and for A. J. Volz; that he did not sign the statement on plaintiff’s Exhibit A, and was not in Boise, Idaho, at that time, but was in North Bend, Oregon. He offered two other witnesses who testified that they remembered having seen defendant in North Bend about the middle of April, 1906, but his wife, whose testimony was given by deposition, swears that her husband left Boise on May 20, 1906.
From these considerations, it follows that the judgment-should be affirmed. Affirmed.