Widner v. Western Union Telegraph Co.

Plaintiff sued defendant for the price of telegraph poles furnished and not paid for. They were delivered under a written contract, and the court below held that Widner could not recover, because he had failed to join as co-plaintiffs certain persons who had signed the contract as his sureties.

The agreement purports to be between Widner as principal, and L. L. Culver and William Westover as sureties, of the first part, and defendant of the second part. The consideration is expressed to be “ the making of this contract with J. A. Widner, of the first part,” and one dollar to each of the…