Clayton v. Hunter

Citations

• 70 Pa. Super. 158
• 1918 Pa. Super. LEXIS 198

Syllabus

<p>Partnership — Admission as to partnership — Denial of partnership —Amendment—Refusal of amendment — Practice, G. P.</p> <p>Where a suit is brought against a single defendant as a surviving partner of a partnership which was alleged to have consisted of two members, and the defendant admits the partnership in his answer, the court cannot be charged with error in refusing leave to amend by striking-out the admission, if the defendant does not also ask to amend by inserting a specific denial of the partnership. In such a case the refusal of the court to allow defendant to amend harmed him nothing, as the partnership being alleged by the plaintiff, it is deemed to be admitted by the defendant unless specifically denied.</p> <p>Partnership — Partnership for single purpose — Mistake in delivery of goods — Evidence.</p> <p>In an action against a survivor of two partners for goods sold and delivered, it appeared that the defendant and the deceased partner had in. the latter’s lifetime entered into a special partnership for the purpose of building a house. The deceased partner was also engaged in building other houses in which the defendant was not interested. The goods were charged to the deceased partner, and were delivered to the house in which the defendant was interested. Heldj that the defendant might prove that the goods were indeed delivered to the house in which he was interested, but that there was a mistake made in so doing, and that they were not intended to be used there, and were afterwards removed to another house in which the defendant had no interest.</p> <p>In such a case the books of original entry against the deceased were not evidence of a delivery to the partnership, but if coupled with proof that the goods were actually furnished to the partnership, were admissible.</p>