Smith v. Erla

Plaintiffs filed a declaration in circuit court for the county of Lapeer alleging that the defendant owed them $2,271.52 for work and labor performed and materials furnished. The defendant filed an answer, pleaded special defenses of set-off and recoupment and also that the plaintiffs had not filed with the clerk of Lapeer' county the certificate of copartnership required by 2 Comp. Laws 1929, § 9929 (Stat. Ann. § 20.111). Thereupon plaintiffs filed a motion for discontinuance of suit, admitting copartnership and the failure to file such certificate. The defendant filed a motion for entry of…