Watson-Durand-Kasper Grocery Co. v. Scheetz

Citations

• 99 Kan. 772
• 163 P. 168

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Pleading — Verified Account Against Partners — Partnership Denied Under Oath — Issues Raised Thereby. The petition alleged that the goods mentioned in a verified account attached were sold to 'the defendants doing business as the Scheetz Mercantile Company. One of the two defendants denied under oath that she owed the plaintiff anything and denied the existence of the named partnership. Held, that such verified denial .admitted the correctness of the account but not her indebtedness thereon and that for plaintiff to recover it was necessary to show either a personal or partnership liability.</p>