Houston v. Delahay
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by Delahay as plaintiff, against J. P. Taggart, I). W. Houston and J. I. Larimer. Houston arid Larimer demurred to the petition. The district court, at the May Term 1874, overruled the demurrer, and from this decision H. and L. appeal, and- bring the case here on error.
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Error from Leavenworth District Court. Action brought by Delahay as plaintiff, against J. P. Taggart, I). W. Houston and J. I. Larimer. Houston arid Larimer demurred to the petition. The district court, at the May Term 1874, overruled the demurrer, and from this decision H. and L. appeal, and- bring the case here on error. The only question here is one of pleading, and the opinion states all the necessary facts. 1. Two causes of action have been improperly joined in the petition. Sec. 39 of the code provides ■ that “ Persons severally liable upon the same obligation or instrument, including…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
It appears from the petition filed in this case, that one J. P. Taggart contracted in writing with defendant in error to erect and complete certain buildings within a stipulated time; that said Taggart and plaintiffs in error entered into a written undertaking with defendant in error, obligating that said Taggart should fully perform all the terms and conditions of said contract. The condition of such undertaking was as follows:
“The condition of this undertaking is such, that whereas, *129said J. P. Taggart has entered into a written contract…
2Cited by5 opinions
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- Farmers Union Elevator Co. v. Johnson-Sampson Construction Co.Supreme Court of Kansas · 1953
- Walsh Const. Co. v. City of ClevelandDistrict Court, N.D. Ohio · 1918
- Farmers Union Elevator Co. v. Johnson-Sampson Construction Co.Supreme Court of Kansas · 1953
- McGee v. Wilson Fisheries Co.Washington Supreme Court · 1922