Arbie Mineral Feed Company v. Nissen

LeGRAND, Justice.

This is an appeal from judgment against defendants for $2448.16. The trial court found defendants held themselves out as partners and were now estopped to deny liability for merchandise sold to them by plaintiff. Although both defendants appealed, Milo Nissen apparently concedes the judgment against him is proper. Only Gary Nissen argues for reversal.

Subsequent to the filing of the record, plaintiff moved to dismiss this appeal pursuant to rule 348(e), Rules of Civil Procedure. We ordered that motion submitted with the appeal, and we now consider it before discussing the…