Superior Drywall Supply, Inc. v. Jackson
Superior Drywall Supply, Inc. v. Jackson
Opinion of the Court
Appellant, on November 10, 1975, brought an action in the court of common pleas of Edgefield County, South Carolina against E. K. Layton and J. T. Layton, d/b/a Dixie Drywall Company alleging the defendants were residents of the county and "are d/b/a and representing themselves to be partners in Dixie Drywall Company.” This action was brought on certain items of account in the name "Dixie Drywall” and was for items from July 3, 1975 to October 17, 1975, totaling $4,509.88. A judgment by default was entered against the "defendants” and the judgment was subsequently marked paid and satisfied.
Subsequently, on March 12, 1976, appellant, in the
1. The South Carolina action adjudicated that the account sued upon there was an account of Dixie Drywall Company, a partnership composed of E. K. Layton and J. T. Layton (or an account of these two individuals). The individual sued in the last action in this state was Randy Jackson who asserted in his defense that the partnership, Dixie Drywall Company, was a partnership composed of E. K. Layton and Randy Jackson and that J. T. Layton was never a partner and it is upon this contention that Randy Jackson predicates his claim of res judicata and estoppel by judgment. There is no evidence showing in any way that the judgment obtained in South Carolina
2. The case therefore stands with a judgment in the South Carolina court against E. K. Layton and J. T. Layton as members of a partnership "Dixie Drywall Company,” whereas the present action in this case is one against Randy Jackson as a partner in a partnership, "Dixie Drywall Co.” composed of Randy Jackson and E. K. Layton. And the case is therefore controlled adversely to appellee by the decision of this court in Floyd & Lee v. Boyd, 16 Ga. App. 43 (2) (84 SE 494) in which it was held: "The dismissal of an action against a partnership is no bar to an action against a partnership of the same name, not comprising the same individuals. In contemplation of law, a partnership, regardless of the firm name, is an entity prima facie distinct from any other partnership or person; and this rule is not affected by the fact that some of the individuals composing the partnership may be members of another firm, engaged in the same or a similar business. The trial judge therefore did not err in sustaining a general demurrer to the plea of res judicata, filed in behalf of a partnership styled Floyd & Lee,’ and alleged to be composed of J. R. Floyd and D. C. Lee, the plea being based upon a judgment dismissing a prior suit against Floyd & Lee, a partnership alleged to be composed of J. R. Floyd and B. C. Lee.” It appears therefore that neither res judicáta nor estoppel by judgment protects the appellee and the grant of summary judgment in his behalf was error.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.