North British Mercantile Insurance v. Patterson

Patterson and Shirley entered into a contract with plaintiff company for.the issuance of policies on a commission basis. The contract is signed in the firm name of Patterson and Shirley, and individually by Nye Patterson and W. D. Shirley. Judgment was rendered against Patterson and Shirley, Nye Patterson and W. D. Shirley. Patterson made no defense. Shirley appeals.

The only question presented on appeal is as to whether appellant is liable in solido.

In the contract upon which plaintiff sues Patterson and Shirley obligated themselves to guarantee to the company the payment of all premiums they…