Canton Provision Co. v. Gauder

It is contended that the petition shows on its face that there is a misjoinder of parties defendant for the reason that a joint liability against them is not pleaded, and that the motion to quash was therefore properly sustained. It must be conceded that if the petition does not contain allegations showing such joint liability, service upon the defendant, The Canton Provision Company, was properly quashed. Gorey v. Black, 100 Ohio St., 73, 125 N. E., 126; Stark County Agricultural Soc. v. Brenner, an Infant, 122 Ohio St., 560, 573, 172 N. E., 659.

It has been held that a retailer of…