Oda v. Davis

Fain, Presiding Judge.

Defendant-appellant James Davis appeals from a judgment rendered in favor of plaintiff-appellee Carl Oda and against Davis in the amount of $1,050, together with interest and costs. Davis contends that the trial court erred by failing to grant his motion to dismiss this action upon the ground that the real party in interest, being the Davis-Linden Building Company (“Davis-Linden”), an Ohio partnership, was not a party. We conclude that Davis’s motion was well taken, and that either the Davis-Linden partnership should have been joined as a party, Oda’s representative…