Hardy v. Leonard

The court passed upon grounds 3 and 4 of the defendant corporation’s special demurrers, which were that there was a misjoinder of parties defendant, and because the action is brought against the corporation and its agent and that an action such as the one set out in the petition can not be brought against the principal and agent, but the plaintiff must elect the one against whom he will proceed. This defendant had also demurred specially to the plaintiff’s petition on the ground that it did not appear whether the alleged warranty sued upon was written or oral, and if written, no copy was…