Leavenworth v. Brandon

Citations

• 76 Wash. 394
• 136 P. 375
• 1913 Wash. LEXIS 1827

Syllabus

<p>Account, Action of — Pleadings—Complaint—Evidentiary Matter. An action is upon an open account, where the complaint alleged the sale and delivery of merchandise, its value, the amount paid, and the balance due; and the additional allegation of the execution and delivery of promissory notes therefor was evidentiary matter, which it was not error to strike out, nor reversible error to include.</p> <p>Appeal — Review—Harmless Error — Pleadings. Varying views as to the character of an action, in rulings on the pleadings, do not warrant a reversal, where a correct judgment was finally entered.</p> <p>Partnership — -Liability—Commencement of Liability. A partner is liable upon an open account, initiated prior to the formation of the partnership, where the contract of partnership relates back and covers the enterprise for the purpose of which the goods were furnished.</p>