Horner v. Wood

This case comes before me on a demurrer to the complaint. The grounds of demurrer are substantially as follows: 1st. That there is a defect of parties plaintiffs, inasmuch as the contract upon which the suit was instituted was made between the defendants and the plaintiffs, Horner and "Grant, and one Cobb; and the complaint does not sufficiently set forth a transfer of Cobb’s interest, nor an acquisition of any interest by the plaintiff, Ludlum; and 2d. That it does not appear affirmatively, that the original contract which was assigned to *372the plaintiffs, was valid; but that, on the contrary,…