Gardiner v. Eclipse Grocery Co.

This is an appeal from the judgment in an action instituted by respondent to recover on quantum meruit for services alleged to have been performed at the special instance and request of appellant company during the period commencing on the first day of April and ending on the ninth day of August, 1919.

The first paragraph of the complaint alleges “that on the first day of April, 1919, and for a long time prior thereto, Carr Thomas, Nicholas Berehem and Frank Reardon were and now are copartners, doing business under the common name of Eclipse Grocery Company,” etc. The alleged copartners were…