Irwine v. Wood

The point relied upon by appellants for reversal of the judgment is, that the court erred in sustaining the demurrer to the complaint, on the ground of misjoinder of the defendants.

The suit was upon a written contract, one clause of which was as follows: “That the said Burchinell, Wood and Clark, parties of the first part (each for himself and *478not for the others, and in so far as his interest may appear in said claims), agree to furnish provisions to said Irwine and Jerome, the parties of the second part to this contract,” etc.

The complaint was demurred to on the ground (among others) of a…