Innes v. Beauchene

NESBETT, Chief Justice.

The only question to be decided is whether the trial court erred in finding that appellant was a partner in a mining enterprise with Howard Nelson and Charles Baxter.

The complaint was one for wages and named appellant, Nelson and Baxter, d/b/a Swede Nelson Enterprises, as defendants. A single answer with a single allegation was filed on behalf of all defendants which denied that they were not co-partners as alleged in the complaint. The actual intent of the answer obviously was to deny the alleged partnership and admit the claim for wages. Although the pre-trial order…