Slaughter v. Davenport

The following statement will be sufficient for the points involved, and for the reason upon which our conclusion is based.

Plaintiff and two others, Green and Brooking, jointly sued defendant on a written contract of subscription which promised to pay to “T. W. Green, H. C. Brooking or Orlando Slaughter.” Plaintiff obtained judgment before the justice. On appeal to the circuit court, when it developed that the contract was a promise to pay to Green or Brooking or Slaughter, defendant took the ground that the petition declared on' a promise to pay to plaintiffs jointly, whereas the evidence…