Pulling v. Yeager

Opinion by

Mr. Justice Simpson,

On August 6, 1925, W. Grant Pulling and S. E. Austin, doing business as the United Motors Transport Company, entered into a written contract with defendant, to excavate and remove dirt from a specified property. The contract was signed by “United Motors Transport Co., W. Grant Pulling, S. E. Austin,” and by defendant. After the work had been partially done, Austin sold out his interest in the firm and its business, including this contract, to Pulling, who thereafter car ried on the business under the same trade name. Plaintiff alleged that he excavated and…