Business Equipment Division, SCM Corp. v. Ransby

Banke, Judge.

The appellant filed a complaint against “Dwight L. Ransby & Edward Franklin Collins, Individually and d/b/a Select Printing Company,” to collect from them an alleged indebtedness arising on a contract. A copy of the contract was attached as an exhibit to the complaint. It was signed by Edward Franklin Collins on behalf of Select Printing Company, and does not contain appellee Ransby’s name, nor is there any allegation in the body of the complaint that Ransby was a partner in the company so as to be liable for its debts.

Ransby filed an answer which was stricken when, according to…