Board of Trade v. Hayden

The opinion of the court was delivered by

Stiles, J. —

These were four cases the trials of which were consolidated. In two of the cases the theory of the *264complaints was that appellant and her husband were actual partners in the mercantile business under the firm name of J. P. Hayden & Co. In the other two the theory was that the community composed of "the husband and wife was ' carrying on business, and that the husband and wife were its agents. The evidence did not tend to ’support either theory as pleaded, but was directed wholly to an effort to show that P P. Hayden was doing. business under…