Danielson v. Scott

Citations

• 88 Kan. 789
• 129 P. 1190
• 1913 Kan. LEXIS 420

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. - Contract—Promise to Pay Firm Debts—Right of Individual Partner to Benefit. The purchaser of a stock of merchandise from a partnership agreed to pay certain notes and an account . owed by the firm, as part of the price. Afterwards he procured the notes to be indorsed and the account to-be assigned to him. In further payment of the price he gave to one of the partners, who owned all the property of the firm, his note. When sued by the payee upon this note the purchaser counterclaimed upon the firm notes and account which had been transferred to him. Held, the individual partner was entitled to the benefit of the purchaser’s promise -to the firm to pay the firm indebtedness upon which the counterclaim was based.</p> <p>2. Pleadings—Defects Not Prejudicial. Certain defects in the pleadings and proceedings considered and held to be without prejudice to the substantial rights of the complaining party.</p>