Acker v. Herfurth

RUTLEDGE, Associate Justice.

This is a special appeal from an order denying a motion of the defendant below to dismiss the action.

Plaintiff filed a declaration in three counts which were identical except that they named different defendants. The claim was for damages for breach of a written contract.1 The contract was signed “B. R. Acker.” But when suit was filed plaintiff was in doubt whether the contract, so executed, was undertaken in fact by Acker, solely and individually, or by him and another as partners, or by him and two others as partners. Accordingly, the first count named Acker…