Jamison v. Charles F. Cullom & Co.

Citations

• 110 La. 781
• 34 So. 775
• 1903 La. LEXIS 707

Syllabus

<p>PLEADING — AMENDED ANSWER — CHANGE O'* ISSUES-PARTNERSHIP — AUTHORITY OF MEh - BEES — REPUDIATION OF CONTRACT — BREACH OF CONTRACT — DAMAGES.</p> <p>1.Where, when sued upon a written contract, bearing his signature and that of the plaintiff, whose identity is unquestioned, and who, by the terms of the instrument, professes to be acting for himself, a defendant unqualifiedly admits the making of the contract, and otherwise pleads a general denial or special defense in no manner questioning the validity of the contract or the identity of the other contracting party, an amended answer alleging that such contract was superinduced by fraud and misrepresentation, and that the defendant thought he was contracting with some one else, changes the substance of the defense, and substitutes a new issue for those originally presented, and evidence in support of the same should not be admitted over objections properly made.</p> <p>2. A partnership organized for the purpose of taking and executing contracts for the building of drainage canals is an ordinary partnership, the members of which are without authority to bind each other unless authorized to do so “either specially or by the articles of partnership”; and where it is sought to make a defendant liable, as a member of such a partnership, under a contract made by another person, said to be his copartner, the burden rests on the plaintiff to prove the partnership, and to show either that the defendant whom he seeks to hold authorized the contract, or has benefited by it, or that by his conduct he has estopped himself.</p> <p>3. The fact that a person sought to be held liable as a member of an ordinary partnership has undertaken, for the partnership, to repudiate a contract made by one who is conceded to be a member, does not make such person liable for damages resulting from the nonfulfillment of the contract, where it appears that the contract was also repudiated by the member by whom it was made, and where it is not esta