No such partnership existed in reality as that chargedin the complaint. This partnership was dissolved before the indebtedness of Wells & Co. to plaintiff.
The issue did not admit of plaintiff proving fraud, and the evidence was properly excluded.
JUDGES: Heydenfeldt, Justice, delivered the opinion of the Court. Wells, Justice, concurred.
OPINION
HEYDENFELDT, Judge
The question of notice as to the dissolution of the partnership was properly left to the finding of the jury under the charge of the Court.
In the issue presented by the pleadings, it would have been proper to introduce evidence to show that the dissolution was not bona fide, but it does not appear how the evidence which was rejected would have tended to that result.
Error which is relied on must be shown clearly and affirmatively.
Judgment affirmed.