Howton v. E. I. Du Pont De Nemours & Co.

Suit on verified account by appellee against appellant. As originally instituted the suit was against Jack H. Howton and Sam Wallace, partners doing business as Howton & Wallace, and against the firm. Pleas were filed by the two individual defendants denying the existence of any partnership, whereupon the plaintiff, with leave of the court, amended the complaint so as to strike therefrom said Wallace as a party to the cause, and also the partnership and any reference thereto, thus leaving the complaint as against Jack H. Howton alone.

The first five assignments of error challenge the action of…