Shain v. Du Jardin

Citations

• 4 Cal. Unrep. 905
• 38 P. 529
• 1894 Cal. LEXIS 1269

Syllabus

<p>Sale—Action for Price—Evidence.—In an Action by the Assignee of B. & Co. for the price of goods sold by such firm, to defendant, a witness stated that he was manager for B. & Co.; that he knew and had interviews and correspondence with defendant; that such firm sold him goods; that he was a customer of the firm before the witness became manager, and, without consulting the books, could not tell the extent of his purchases; that the balance due June, 1892, was $547; that he and defendant agreed on a balance of $497.30, which defendant agreed to pay in monthly payments; and that he afterward paid $57. Plaintiff proved an assignment to him by F. under a power of attorney from B. & Co. to F., executed by Y., who was shown to be the sole partner of such firm, Held, that the evidence supported a judgment for $440.30 for plaintiff.</p> <p>Pleading—Denial on Information and Belief—An answer denying the allegations of the complaint “as this defendant is informed and believes” does not constitute a sufficient denial thereof.1</p> <p>Partnership.—One Person, or an Association of persons, may do business under a firm name entirely distinct from the name or names of the person or persons composing the firm.</p>