Shepardson
Pacific States Corp. v. Shepardson
Opinion
Lead Opinion
Ames, J.
The plaintiff brought, this action in the county of Tulare against J. F. Shepardson and Zora Shepardson, individually and as copartners doing business under the firm name and style of Shepardson Construction Company, defendants, who are the only defendants named in the complaint.
The complaint is in the form of a common count by which plaintiff seeks to recover a sum of $1509.94, alleged to be due and. unpaid upon an open account for goods, wares and merchandise sold and delivered by plaintiff to the defendant and for money advanced by plaintiff for defendants, all at defendants’ special instance and request. The plaintiff further alleges that the plaintiff is a corporation organized and existing under and by virtue of the laws of the state of California, and that the defendants are copartners doing business under the firm name and style of Shepardson Construction Company. The answer admits the existence of the plaintiff as a California corporation but denies generally each and all of the other allegations of plaintiff’s complaint.
Simultaneously with the filing of their answer the defendants served and filed a demand for a change of place of trial to the county of Kern, on the…