Pennington v. Fleming

Fleming sued appellant. Pennington, and appellee W. P. Alexander, upon an open account for goods, wares, and merchandise, sold and delivered, alleging that defendants were partners, and that the items in the account were sold to the partnership. Pennington, under oath, denied the partnership, and further pleaded the statute of frauds. He also asked judgment over against Alexander for any judgment which' might be rendered against him upon the theory that the debt sued upon was the personal debt of Alexander, who was primarily liable therefor. The account was carried in the name of Alexander…