Delong v. Whitlock

This suit was commenced against the defendants, as individuals, but on the theory that they were partners in a certain business, and individually liable for partnership debts. The plaintiff did not ask a judgment against the partnership itself. This action finds its basis in Section 10983, Code of 1924, which provides that a partnership is suable or such action may be commenced, “against all or either of the individual members thereof, or against it and all or any of the members thereof.”

The primary contention has to do with the sufficiency of the evidence to sustain the partnership relation,…