Bernstein v. Fagelson

(After stating the foregoing facts.)

1. While it is the general rule that where a contract is made with several jointly, all should sue for the breach, this is not necessary when a good reason is shown to the contrary. Phillips v. Poole, 96 Ga. 515, 518 (23 S. E. 504). In the instant case the allegations of the petition to the effect that the defendant, Bernstein, had made a settlement with plaintiff's co-obligee, Katz, of any interest Katz may have had under the contract sued upon, and had taken a transfer from Katz of all of his stock in the corporation holding the subject-matter of the…