Ford
Ford v. Lou Kum Shu
Opinion
Lead Opinion
Hart, J.
This is an action by the plaintiff to recover from the defendants the sum of $554.19, alleged to be the reasonable value of goods, wares, merchandise, materials, and supplies sold and delivered to the defendants by A. F. Ford & Co., a copartnership.
Prior to the commencement of the action, the complaint alleges, said copartnership sold, assigned, and transferred to the plaintiff all its claim and demand against the defendants on account of the sale and delivery of the goods, wares, etc., referred to.
The complaint does not proceed upon the theory of a copartnership existing between the defendants, nor was the trial had upon that theory, but it is the claim that the goods, wares, merchandise, etc., to recover the reasonable value of which is the object of this action, were procured from the plaintiff by the defendant, Covey, as the agent of the defendant, Lou Kum Shu.
The defendant, Covey, did not answer the complaint, but default for such omission was not entered until the trial was had.
The defendant, Lou Kum Shu, answered the complaint, specifically traversing the material averments thereof, claiming that the goods, etc., in question were not purchased by or for him.