Hewitt Contracting Co. v. State Highway Department

I dissent from Division 2 of the majority opinion for two reasons. First, the principle of the nonjoinder of parties is not limited to cases in equity. Second, the record does not show a good reason for not joining the co-contractor as a party plaintiff.

*776“It is a long and well established rule of the common law, which is usually incorporated into the modern codes and practice provisions, that in an action ex contractu all persons having a joint interest—all living joint obligees on a contract which is joint and not several who are within the jurisdiction—must be joined as plaintiffs in an…