Prater v. Larabee Flour Mills Co.

Gilbert, Justice.

A. J. Prater, doing business as A. J. Prater & Company, filed suit against Larabee Elour Mills Company Incorporated, for commissions alleged to be due him by the defendant. The defendant by amendment to its answer pleaded that the plaintiff had not complied with the trade-name act of 1929 (Ga. Laws 1929, p. 233), and was not entitled to maintain his suit. The plaintiff objected to the amendment, on the grounds that the act did not apply to him, because he was operating only in his real name; and that the act was in violation of art. 3, sec. 7, par. 8, of the constitution of…