Southern Coal Co. v. Sundberry & Winkler

Plaintiff’s suit is for the price of coal and the transportation charges thereon, which was sold and delivered to defendants during the year 1921.

The sale, delivery, and price of the coal is not disputed, but plaintiff alleges that Sundbery & Winkler are a commercial partnership, and are therefore liable, in solido, for the debts and obligations of the firm. The answer of defendants denies the existence of a commercial partnership, but admits the individual liability of each defendant for one-half of plaintiff’s claim.

Prom a judgment rendered against the defendants, in solido, they have…