Aultman & Taylor Co. v. Webber
Appellate Court of Illinois
Appeal from the Circuit Court of Woodford county; the Hon. J ohn Burns, J udge, presiding. In March, 1876, the appellees formed a partnership for the sale of agricultural implements, and as such firm entered into a contract with the appellant to sell its threshing machines upon commission. The firm was engaged as general dealers in such implements, during its existence of about four months.
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Appeal from the Circuit Court of Woodford county; the Hon. J ohn Burns, J udge, presiding. In March, 1876, the appellees formed a partnership for the sale of agricultural implements, and as such firm entered into a contract with the appellant to sell its threshing machines upon commission. The firm was engaged as general dealers in such implements, during its existence of about four months. During this time the appellees admit they ordered a few extras and repairs from the appellant, and to that extent concede a joint liability. Prior to the formation of this partnership, the firm of J. T.…
1Opinion of the CourtPillsbuky, P. J.
These appellees were sued as partners in this case before a justice of the peace, and before they or either of them, could deny their liability as partners, it became necessary for them to put the fact of partnership in issue by filing affidavit denying its existence. Warren v. Chambers, 12 Ill. 124; Shufeldt, impl., etc., v. Seymour et al. 21 Ill. 524; McKinney v. Peck, 28 Ill. 177.
If however there was a partnership existing at the time of the alleged contract, and the question is desired to be raised that Taylor used the name of the firm in a transaction where he was not authorized to bind…
2Cases cited3 opinions
- Warren v. ChambersIllinois Supreme Court · 1850
- Zuel v. BowenIllinois Supreme Court · 1875
- Shufeldt v. SeymourIllinois Supreme Court · 1859