Wilson

The plaintiff began this action against Verne S. Wilson and George D. Karsch, individually, and as copartners doing business under the name of Wilson & Karsch, to recover on an assigned claim for goods, wares and merchandise sold to the defendants while doing business as copartners under the firm name and style of Wilson & Karsch.

The complaint, so far as this appeal is concerned, is based upon the count set out herein, wherein it is alleged that the plaintiff’s assignor sold to the defendants, goods, wares and merchandise in the sum of $1996.23. Judgment went in favor of the plaintiff as against the defendant Karsch, and in favor of the defendant Wilson as against the plaintiff. From this portion of the judgment the plaintiff appeals.

The action is based upon a claim assigned to the plaintiff by the Carbide & Carbon Chemicals Corporation. The complaint sets forth that at the time the indebtedness was incurred the defendants were doing business under the firm name of Wilson & Karsch, and purchased from said Carbide & Carbon Chemicals Corporation, goods, wares and merchandise, upon which there remained due the sum hereinbefore stated, and that the account had been assigned and…