concurring specially. I concur in the judgment but cannot concur in the ruling in division 6.
As to division 6, the rule stated is the law but it does not apply in this case. If one partner sued on the account in behalf of the partnership the partnership could ratify the action, but whether one or both first actions were ratified, the plaintiff in error waived the splitting of the cause of action by permitting a default judgment in the action for the smaller amount even though it was brought in one partner’s name.