Havana, Rantoul & Eastern Railroad v. Walsh

This was an action, brought by Peter Walsh and William H. Sweetzer, as partners doing business under the firm name of P. Walsh & Co., against the Havana, Bantoul and Eastern Bailroad Company, upon a contract in writing, not under seal, for the sale and delivery of railroad ties to the railroad company.

As the contract purported to be entered into between the railroad company and William H. Sweetzer alone, and was signed by him alone, it is objected that Walsh and Sweetzer can not maintain an action upon the contract in their names.

The contract is declared upon as having been entered into hv…