B. J. Shelton Co. v. Theo. Muckle Engineering Co.

The parties to this action appear here in the same relative positions as in the trial court, and we will hereinafter refer to them as plaintiff and defendants.

In its complaint plaintiff alleged the corporate capacity of the defendant company; that it had assumed all the assets and liabilities of the individual defendants, who were conducting a partnership business at the time of the transaction which is the subject matter of this controversy; and it further alleged:

“That heretofore on or about January 17, 1947, the defendants did order from plaintiff one thousand, motors with cord attached,…