Brannon v. Whisenant

Clark, Judge.

This suit was instituted by "Stephen Whisenant, as General Partner of Davidson Road Associates, Ltd., a Georgia Limited Partnership d/b/a 'The Mall’.” The action sought to recover damages from tenant for breach of a written lease agreement wherein the landlord was designated as "The Mall, a joint venture, by A. H. Whisenant.” When defendant failed to answer, judgment by default was entered. This appeal is from that judgment.

1. Defendant contends plaintiff is without capacity to sue. "When a party desires to raise an issue as to the legal existence of any party or the capacity of…