Baker & Hamilton v. Lambert

Goods Sold and Delivered—Pleading—Partnership ' Liability— Waiver oe Nonjoinder.—A recovery may be had upon a partnership liability against one of the partners sued individually, where he fails to jilead a nonjoinder of his copartner. Such failure operates as a waiver of objection.

Id.—Evidence—Sale to Partnership.—In such case evidence is admissible for the plaintiff to show that a partnership existed between defendant and a third person, and that the goods sold and delivered were sold and delivered to such partnership; and it was error to refuse to admit such evidence.