Scott v. Huntzinger

Opinion by

Mr. Justice McWilliams.

Upon trial to the court Huntzinger, as plaintiff, obtained a joint and several judgment for $5,000 against Ira Scott, R. G. Scott and David I. Sheppard, individually and as a partnership doing business as Scott, Scott and Sheppard and John J. Sullivan, all of whom will hereafter be collectively referred to as the defendants. By the present writ of error defendants seek reversal of this judgment.

Huntzinger’s action sounds in contract and in his complaint he avers that he and the defendants “entered into an agreement * * * which provided * * * that if the…