Utilities Production Corp. v. Southwestern Natural Gas Co.

Layton, C. J.,

delivering the opinion of the Court:

Broadly, the question is whether there has been a misjoinder of causes of action. If the doctrine, that assent to a contract may be inferred from the acceptance of a document, is properly to be extended so as to make the acceptor of an instrument under seal a covenantor, there is misjoinder of causes. Otherwise, all of the situations disclosed *403by the several counts of the declaration are properly within the scope of the action of assumpsit.

The authorities are not in accord, and there is some doubt on which side of the question the…