W. D. Reeves Lumber Co. v. Davis
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; ■1. The demurrer should have been sustained because plaintiff could not sue alone for breach of the contract. Giles was a partner and should have been joined as plaintiff.
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; ■1. The demurrer should have been sustained because plaintiff could not sue alone for breach of the contract. Giles was a partner and should have been joined as plaintiff. Kirby’s Dig., § § 5099, 6005; 106 N. E. '243; 1 Ark. 59; 31 Id. 175; 29 S; W. 313; 180 S. W. 499; 9 Cyc. 704; 46 N. E. 220; 5 Id. 83; 2 Dana (Ky.) 460; 38 Ark. 72; 19 Id. 566; 24 Id. 555; 110 TJVS. 215. 2. A partner can not sue alone for his share of a firm claim. :30 Cyc. 564; 25 S. E. 938; 53 Md. 364; 36 N. W. 95. Misjoinder may be raised by demurrer. Bliss Code PL…
1Opinion of the CourtHart, J.
J. M. Davis sued the W. D. Reeves LumberCompany to recover the sum of $8,000 for the alleged breach of a written contract whereby J. M. Davis and C.C. Giles agreed to cut and haul for the W. D. Reeves Lumber Company the timber on the lands described in the contract for a stipulated price per thousand feet. The complaint alleged that Giles had released all his right in the contract to the Reeves Lumber Company, and he was also made a party defendant to the action. The jury returned a verdict for the plaintiff for $3,375. Judgment was rendered in favor of the plaintiff against the W. D. Reeves…
2Cases cited3 opinions
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Phoenix Insurance v. FleenorSupreme Court of Arkansas · 1912
- Beebe v. OlentineSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Voss v. ArthursSupreme Court of Arkansas · 1917
- Evans v. ThompsonDistrict Court, W.D. Arkansas · 1954
- Freedman v. Montague Associates, Inc.New York Supreme Court · 1959
- Redman v. Mena General Hospital, Inc.Supreme Court of Arkansas · 1941