Woodfin v. Curry

FOSTER, Justice.

This is an action for the breach of an alleged contract between plaintiff, appellee, and the partnership of Woodfin & Co., composed of S. V. Woodfin and R. W. Woodfin. These defendants were nonresidents of Alabama, but the partnership was doing business at Florence, Ala., by an agent, one Perry, who was also sued, but later was stricken as a party. The suit was against the partnership as such, and the individual partners.

No service was had on the partners, but the summons and complaint was served on Perry as agent for the partnership, and for the individuals Composing it. Each…