Olsen v. Ortell

The facts alleged in the respondents’ complaint and admitted by appellant’s demurrer show that Katherine A. Ortell never had and that she does not claim to have an interest adverse to the plaintiffs arising out of the contract which is the basis of this litigation. She was in no sense of the word a party to the transaction, and as her husband’s interest or rights under the contract never ripened into an estate of inheritance, his wife, Katherine Ortell, appellant, has no right or claim under the facts here that would make her either a necessary or a proper party to the action for strict…