Hughes & Dier v. McClure

Citations

• 77 Pa. Super. 325
• 1921 Pa. Super. LEXIS 262

Syllabus

<p>Partnership — Partnership name — Fictitious name — Name of ell partners appearing — Act of June 28, 1917, P. L. 645.</p> <p>Where the family names of all the members of a partnership actually appear in the firm name, the style or designation of the partnership is not fictitious, and doing business under such a name is not in violation of the Act of June 28,1917, P. L. 645, requiring registration of partnership names.</p> <p>. Under such circumstances, in a suit to enforce an unfulfilled contract, the plaintiffs are not barred from maintaining an action because they were not registered in áccordanee with the provisions of the Act of June 28,1917, P. L. 645.</p> <p>The Act of 1917 is a penal statute and must be strictly construed. It is not to be stretched to cover any case which is not clearly embraced by its terms.</p>