19 Ga. App. 429 | Ga. Ct. App. | 1917
The Pinkerton’s National Detective Agency brought suit against the National Pencil Company to recover the value of alleged services rendered under a contract entered into between them. In the original petition the plaintiff was alleged to be a corporation, and this allegation was admitted in the defendant’s answer. At the trial term the plaintiff amended its declaration and alleged that it was a partnership. This amendment was allowed by the court, with the consent of the defendant, and the latter made no answer to it. The case was tried and resulted in a verdict for the plaintiff for the full amount sued for.
Counsel for the plaintiff in error strongly insists, before this court, that the verdict is not supported by the evidence, because there was no proof introduced to sustain the allegation of partnership, made in the amendment to the plaintiff’s petition. There were various letter-heads and bill-heads of the plaintiff which were put in evidence, and also attached to the original petition, upon which appear the following words: “Pinkerton’s National
We are aware that the Supreme Court, in several decisions, has held that the provisions of section 5539 of the Civil Code, requir
Judgment affirmed.