Waterman v. Glisson

.'Simmons, C. J.

1. Where suit for breach of a warranty was brought against a-partnership alleged to be composed of three persons, and one of them filed a plea in his individual capacity, denying that he as an individual ever made the warranty sued on, but not denying that he was a member of the partnership or showing facts which would relieve the partnership of liability, such plea was properly stricken on motion.:2. It was not error to reject an unsworn amendment to such plea, denying the existence of the partnership and the pleader’s membership therein. Civil Code, § 2637.

3. Under the act…