U. S. Tire Dealers Mutual Corp. v. Laune

Plaintiff sued defendants to recover the amount alleged to be due upon a promissory note, signed “Auburn Tire & Battery Co., by A. A. Owens,” and upon an open account for merchandise sold and delivered. From a judgment for the plaintiff, defendant Laune appeals.

The following questions are presented: (1) Did the court err “in rendering a judgment against this defendant on the theory of partnership by estoppel, which was never pléaded and is opposed to the theory of the petition?” (2) Does the failure of plaintiff to prove its corporate capacity require a reversal? (3) Was the evidence…