Supreme Court of Georgia June 11, 1902 (Waterman v. Glisson)

.'Simmons, C. J.

1. Where suit for breach of a warranty was brought against a-partnership alleged to be composed of three persons, and one of them filed a plea in his individual capacity, denying that he as an individual ever made the warranty sued on, but not denying that he was a member of the partnership or showing facts which would relieve the partnership of liability, such plea was properly