Pitts v. Crane

— This action is predicated upon the supposition that the contract declared upon is joint, and not several.

The contract is joint or it is several. It cannot be regarded as both joint and several. If it is a joint contract, it was not only proper, but necessary, that both the husband and wife join in the action as plaintiffs. But, if it is several, the plaintiffs cannot sue jointly: 1 Code Pleading and Practice, Sutherland, § 18; 15 Ency. Plead. & Prac. 528; 4 Page on The Law of Contracts (2 ed.), §§ 2078, 2079. The reason for the rule requiring the plaintiffs to join as such in an action upon…