City of Girard v. Smrek

OPINION

By NICHOLS, J.

It is our duty first to determine whether the demurrer of defendants to the amended petition, on the grounds of misjoinder of actions and misjoinder of parties de•fendant, was properly overruled. To this end we quote the exact language of the pertinent portion of the amended petition, to-wit:

“Plaintiff further says that some time in September, 1930, a contract was entered into between the defendant, the city of Girard, and the defendant, John Hannon, doing business as aforesaid, whereby the defendant, John Hannon, did promise and agree to build, erect and construct for…