Davis v. Lowery Coffee Co.

It is immaterial whether The Lowery Company is a corporation or a copartnership composed of Alfred Lowery, William O. Lowery and James M. Rogers, doing busi *764 ness as The Lowery Coffee Company. It is admitted that the plaintiff was their salesman, and this action is brought to' re-coyer the compensation and expenses due him.

The three copartners gave bond and released the attachment and also entered a general appearance, and in their answer admit that they constitute the copartnership doing business under the above name, and that plaintiff was their salesman. In view of this, the first three issues were unnecessary.

Considering all the exceptions relating to the remaining issues, we find no merit in them.

The matter seems to be one largely of fact and has been settled by the verdict of the jury.

The judgment should be reformed SO' as to express that it is rendered against William C. Loweiy, Alfred Lowery and James M. Rogers, doing business as The Lowery Coffee Company, and the American Bonding Company as surety for them.

No error.