Lancaster v. Roberts

First, it is claimed on the part of the appellees, that the demurrer to the bill was properly sustained, upon the alleged ground, that the provisions of the contract described in it are not binding upon all the parties against whom it is sought to specifically enforce it. This contention is based upon the fact, that the contract does not mention or in any way refer to ¡Nellie F. P. Jones and Ann Auguste Roberts, although it is signed by them. As they are not referred to in the body of the agreement, it is said that their signatures thereto are mere surplusage.

The courts have passed upon a…