Nelson v. East Side Grocery Co.

Plaintiff brought this action in the city and county of San Francisco to recover upon a contract for the sale of merchandise. In the caption of his complaint the defendant is named as “East Side Grocery Company, also known as Central Grocery Company.” The complaint in its body alleges the three certain persons—Jacobs, Mc-Meniman and Frenzi—associated themselves together for the purpose of carrying on the retail grocery business in the city of Stockton; that said business was at first transacted under the name of “East Side Grocery Company,” which was later changed to “Central Grocery Company”; that the merchandise for the value of which this suit is brought was sold and delivered to said persons and said company, and was not' paid for. In the prayer of his complaint the plaintiff prays for judgment against the alleged association and also against each of the persons named as composing it, for the full amount of the claim. Service of summons was made upon the individuals alleged to have thus associated themselves together under the common name. These appeared individually and moved for a change of place of trial to the county of San Joaquin, their residence. Thereupon the plaintiff…