Tillman v. Calhoun Lumber Co.

GARDNER, Chief Justice.

The bill is one for specific performance of an option contract for a timber lease. This contract, as set out in paragraph one of the bill, will appear in the report of the case. The appeal is from a decree overruling demurrer to the bill. The party complainant is Calhoun Lumber Company. The second ground of demurrer takes the point the bill fails to disclose whether the named complainant is an individual, a partnership, or a corporation. The point was well taken. Rules of good pleading in equity require that complainant should allege the character and capacity in which…