Moppar v. Wiltchik

This action was brought to recover damages to merchandise injured by the leakage of water from pipes which were being placed in premises leased by the plaintiff by a contractor employed by the defendants. We should not be inclined to disturb this judgment were it not that it appeared upon the trial that the plaintiff was not the sole owner of the injured property. The proof shows that the plaintiff’s son, one-Louis Moppar, was a partner with plaintiff and that the copartnership owned the damaged goods.

The pleadings were oral, and consequently the defect of parties could not be taken advantage…