Hughes v. Oregon Railway & Nav. Co.

By the Court,

Waldo, C. J.:

By the statute of this state, a party for whose benefit a contract is made and who thereby becomes the real party in interest may sue upon it. It makes no difference that the contract is under seal. (McDowell v. Laer, 35 Wis., 171.)

It is next argued on the part of the respondent that the contract is joint, whereas the appellant has brought a separate action. The following citations will show the principle on which this point is to be decided: Washington, J., in Sawyer v. Steel, 4 Wash. C. C., 228, says: “The rule of law applicable to this subject is laid down in…