Kirkpatrick v. Alexander

This suit was brought by James Yazell against John W. Kirkpatrick and Nathan Porter. The plaintiff below obtained a judgment against the defendants, who are appellants here. Since the appeal was taken, Yazell has died, and his administrator, Reuben Alexander, is properly substituted in his place as appellee.

The complaint and the contract on which it was founded were as follows:

“James Yazell complains of John W. Kirkpatrick and Nathan Porter, partners in trade under the name and style of Kirkpatrick & Porter, and says, that heretofore, to wit, on the 9th day of January, A. D. 1871, he entered…