Welker Clifford v. Merrill

H. M. Merrill, hereinafter called plaintiff, brought suit against J. R. Welker, Henry Clifford and Eugene Evans, copartners under the firm name of Welker & Clifford, hereinafter called defendants, to recover damages for an alleged breach of a contract of purchase of cotton. The case was tried before the court without a jury, and judgment was rendered in favor of plaintiff. After the usual motion for new trial was overruled, defendants have appealed to this court.

There are but two assignments of error, which we will deal with in their order. The first is that there was a failure to join a…