Englehardt v. Clanton
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. P. A. Clanton, against John H. Englehardt and W. E. Englehardt, “partners in trade doing business under the name of J. H. Englehardt,” to recover $J5, with interest, which the plaintiff had paid for painting the roof of her house with a preparation called the “Mott Fire-Proof Paint.”
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. P. A. Clanton, against John H. Englehardt and W. E. Englehardt, “partners in trade doing business under the name of J. H. Englehardt,” to recover $J5, with interest, which the plaintiff had paid for painting the roof of her house with a preparation called the “Mott Fire-Proof Paint.” The work was done in September, 1883, and the action was commenced on the 14th October, 1886. The complaint contained the common count for money had and received, and a special count which alleged…
1Opinion of the CourtClopton, J.
— When a suit is brought on a joint contract against two or more defendants as partners, and, during the progress of the trial, the proof discloses that one of the defendants is not a partner, the complaint may be amended to meet the state of the evidence, and to remedy the misjoinder. In such case, an amendment, striking out the party shown not to be a partner, and correcting the description of the partnership, does not work a discontinuance of the entire action. — Jones v. Englehardt, 78 Ala. 505.
The suit is brought by appellee against appellant, to recover the price paid for painting the…
2Cases cited5 opinions
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Perry v. JohnstonSupreme Court of Alabama · 1877
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Snow v. Schomacker Manufacturing Co.Supreme Court of Alabama · 1881
- Thorne v. McVeaghIllinois Supreme Court · 1874
3Cited by4 opinions
- McCaa v. Elam Drug Co.Supreme Court of Alabama · 1896
- O. C. Barber Mining & Fertilizing Co. v. Brown Hoisting Machinery Co.Court of Appeals for the Sixth Circuit · 1919
- Hughes v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
- Yandell v. Anderson & SpilmanCourt of Appeals of Kentucky · 1915