Gower v. Ozmer

In February, 1936, the plaintiff, doing business under a trade-name, sued on an open account for a balance of $696.73, for merchandise sold and delivered. The defendant pleaded that the plaintiff “has not registered the trade-name under which this suit is brought as required by law, so as to be in the legal position of enforcing any contract.” Under the agreed facts, the trade-name was registered on May 2, 1935. There was a running open account beginning October 15, 1934, and extending to February 1, 1936. The sales to the date of the registration amounted to $1186.15, and the sales…