Harrisburg Car Manufacturing Co. v. Sloan

The complaint sets forth á contract signed by the appellant and by William G. Sloan and Samuel C. Dawson. In the introductory part of the contract Jacob N, Buser is named, but the contract was not signed by him, and it is averred that he has no interest in it. As the contract was not executed by him, and as the complaint affirmatively shows that he has no interest in it, he was not a necessary party plaintiff.

The appellant’s counsel are in error in assuming that the complaint seeks a rescission of the contract, for the theory of the pleading is that there was a breach of warranty with…