Concra Corp. v. Andrus

Plaintiff-appellee filed a complaint in the Rutland Superior Court against both defendants for the balance due for advertising services. The trial court found that the two defendants had engaged in a real estate business and that as partners they were jointly and severally liable for the debt. Only the defendant W. Otis Andrus appeals the judgment of $9,676.57.

Defendant claims that he is not a partner and is not jointly liable with his brother, defendant John Holmes Andrus. He raises the following issues for review: (1) that the partnership issue was not pleaded or tried; (2) that the trial…