Asbestos Mfg. & Supply Co. v. Lennig-Rapple Eng'g Co.

Plaintiff brings the action to recover for material and labor which it is alleged defendants, about July I, 1910, contracted with plaintiff to furnish, and that defendants agreed to pay therefor the sum of one thousand three hundred dollars; alleged full performance on plaintiff’s part and the completion and acceptance of the work, about February 15, 1912; that at all the times mentioned in the complaint the defendant, Lennig Engineering Company, and plaintiff, Asbestos Manufacturing & Supply Company, were corporations, and that defendants, E. B. Lennig and J. W. Bapple, constituted the copartnership of Lennig-Bapple Engineering Company. In a second count the sum of thirty-four dollars and eighty-three cents is claimed for extra materials furnished. Said materials were furnished and labor performed upon the Hall of Justice, in San Francisco.

The court granted a nonsuit as to defendants, Lennig Engineering Company, a corporation, and E. B. Lennig, as an individual, and J. W. Bapple, as an individual, on the author ity of Redwood City Salt Co. v. Whitney, 153 Cal. 421, 423 , [ 95 Pac. 885 ]. Judgment passed only against Lennig-Rapple Engineering Company, a copartnership composed of…