PINOLA, J., March 20, 1950.
In this case the parties ask for the judgment of the court on the following facts upon which they are agreed:
1. Plaintiff, Charles E. Baum, was for a long time prior to July 1, 1945, and up to June 1, 1948, engaged, under the fictitious name of Baum's Sporting Goods, in the business of selling and dealing in school and club athletic equipment. On or about June 1, 1948, Baum's Sporting Goods, Inc., was organized and by proper assignment...
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