60 Iowa 180 | Iowa | 1882
The evidence tending to show.the purchase by Sumbardo, as agent of Hintrager, was .objected to on the ground that it Was not so alleged in the petition,- the averment being that the purchase was made by Hintrager. While our system of pleading requires the allegation of facts upon which a claim or defense is based, it does not require the statement of mah ters of evidence which support the claim or defense. The purchase of the interest of Harper in the goods by Hintrager, is the essential fact upon which his liability is founded: The manner of purchase, whether by an agent or otherwise, is a matter that need not be alleged. The act of an agent is regarded by the law as the act of the principal, and it is sufficient to so allege it. Such allegation is supported by proof that the act was done by the agent. Counsel for the defendant cite no authority in conflict with this conclusion.
II. A written contract between Hintrager and Sumbardo providing for a co-partnership between them was introduced in evidence. Counsel for defendant insist that the oral testimony tending to show the purchase of Harper’s interest by Hintrager is contradictory to the written contract, and, therefore, ought not to have been.admitted. The objection is not
It has been said that, when an incoming partner agrees with the old partners to assume the debts of the firm, the contract is binding as between the partners, but creditors of the firm cannot sue and recover upon it. See Parsons on Partnership (2d Edition) pp. 470-471.
We are unable to discover a reason for an exception to the general rule recognized by the decisions of this court, when applied to the contract of an incoming partner of the character of the contract in question in this case.
• .The forgoing decision disposes of all questions in the case. The judgment of the Circuit Court must be.
Aeeibmed.