A. E. Sutton & Co. v. Coast Trading Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Chapman, J., entered February 7, 1908, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on contract.
1Opinion of the CourtHadley, C. J.
This is an action to recover damages resulting from an alleged breach of contract to deliver two hundred and fifty tons of oats, the damages being fixed in the complaint at $1,750. The plaintiffs brought the suit as “A. E. Sutton and R. S. Tracy, copartners, under the firm name of A. E. Sutton & Co.,” and they allege that the agreement of the defendant to deliver the oats was made with the said copartnership on the 5th day of August, 1907. The answer alleges that the firm name set out in the complaint does not contain the names of all the persons interested therein, and that, when the matters…
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