Tillamook Dairy Ass'n v. Schermerhorn
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action by the Tillamook Dairy Association against Barnet S. and Charles F. Schermerhorn as partners. The defendant Charles F. Schermerhorn filed a separate answer in abatement of the action, and the defendant Barnet S. Schermerhorn demurred.
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From Multnomah: E. D. Shattuck, Judge. Action by the Tillamook Dairy Association against Barnet S. and Charles F. Schermerhorn as partners. The defendant Charles F. Schermerhorn filed a separate answer in abatement of the action, and the defendant Barnet S. Schermerhorn demurred. When the demurrer was brought on for hearing, the plaintiff applied for leave to amend its complaint by striking out the name of Charles F. Schermerhorn, which was granted, and the cause dismissed as to him. The plaintiff thereupon filed an amended complaint, setting out the same cause of action, and alleging that…
1Opinion of the Court
Mr, Justice Wolverton,
after stating the facts, delivered the opinion of !;he court.
It is contended by the defendant that, the action having been brought against two parties upon an alleged joint contract, the complaint could not be amended so as to state a cause of action against one *310of them only; that such an amendment is, in effect, the statement of a new and different cause of action, which it is thought is not permissible under the practice. The idea formerly obtained that a joint obligation or contract constituted an indivisible demand. The several individuals jointly contracting were…
2Cases cited10 opinions
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