Cushing v. P. R. Smith & Co.

Citations

• 43 Tex. 261

Syllabus

<p>1. Partner, liability op.—Two firms of the same firm name did business in the same town; defendant, who was a partner in one firm but not in the other, was sued as a member of the firm to which he did not belong for the value of goods that had not been purchased by him individually nor by his authority: Held, that he could only be held liable as a partner in the firm to which he did not belong where the two firms conducted their business in such manner as to justify the conclusion by their customers that there was an identity of interest.</p> <p>2. Partner.—Every one who authorizes another to believe him a partner is, as to the person so authorized, a partner, but the authorization must he such as would he regarded sufficient by a reasonable and fair man; a mere conjecture that a man is a partner, though based on circumstances tending that way, is not sufficient.</p> <p>3. Liability op partner.—A merchant who sells goods to one knowing him to he a member of two different firms, for either of which the goods sold would be suitable, should ascertain by inquiry with which firm he is dealing, and if he fails to make such inquiry, he cannot hold the firm for which the goods were not purchased responsible.</p> <p>4. Pleading.—The denial by a defendant of a partnership is not in the nature of a plea of non est factum, and need not he verified by oath.</p>