Black v. Lowry

Quillian, Chief Judge.

Appellee, an architect, brought this action on open account against Black and Barnum individually, and jointly doing business as a partnership called Phoenix Venture, for services rendered. Barnum died before he could be served and in due course his administrator was added as a defendant. After a non-jury trial judgment was *58entered for appellee against all defendants. Upon denial of a motion for a new trial this appeal was taken. Held:

1. Prior to and during trial the issue of the statute of limitation was not raised by the pleadings or otherwise. Trial was held and…