Rose v. Davis

This appeal involves an alleged breach of a contract to construct a fish pond. Central to a determination of the questions raised on appeal is whether the contract was made with an individual in his individual capacity, or with the individual in his capacity as a partner in a partnership.

After a trial by jury, the jury returned a verdict in favor of the plaintiff and against the defendants in the amount of $12,000, plus interest and costs.

Don Rose and "S R Partnership," defendants below, appeal from the judgment entered upon the jury verdict in favor of plaintiff Davis, and present three…