Manufacturers Light & Heat Co. v. Tenant

Miller, Judge :

The plaintiff sued in assumpsit A. J. Simmons, W. M. Miller and twenty-one others for the price of a quantity of oil well casing delivered to Simmons and used in a well in which all of the defendants were interested. It was alleged in the declaration that the defendants were partners. The defendants filed their special plea denying partnership. Upon the introduction of all the evidence offered by the parties, the trial court instructed the jury that the twenty-one defendants “had contracted with the defendants, A. J. Simmons and W. M. Miller, who were then the owners of the…