Flanders v. Wood
Texas Supreme Court
The statement of the nature and result of the suit as found in the brief of the appellant and not objected to by appellees is as follows: This suit was instituted on the 30th day of October, 1888, by Thomas J. Wood, of Sherman, Texas, and John Andrewartha, of Austin, Texas, against J. E. Flanders, to recover upon a contract made between all of them on the 9th day of March, 1886. It is alleged that each of the parties were architects; that on the 8th day of March, 1886, the…
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The statement of the nature and result of the suit as found in the brief of the appellant and not objected to by appellees is as follows: This suit was instituted on the 30th day of October, 1888, by Thomas J. Wood, of Sherman, Texas, and John Andrewartha, of Austin, Texas, against J. E. Flanders, to recover upon a contract made between all of them on the 9th day of March, 1886. It is alleged that each of the parties were architects; that on the 8th day of March, 1886, the plaintiffs and defendant did each severally submit in competition plans and specifications to the Commissioners Court of…
1Opinion of the Court
COLLARD, Judge,
Section A.—The first assignment of error is, that the court erred in holding that there was not a misjoinder of parties plaintiff. The question was raised in the court below by exceptions to the petition. There was no error. In a suit to enforce a contract all persons interested therein are proper parties. It would be a singular proceeding to require each of the plaintiffs to bring separate suits against the same defendant, on the same promise, subject to the same defenses. This suit was by two partners to compel a third to account in the same amount to each. We know of no…
2Cases cited3 opinions
- James v. FulcrodTexas Supreme Court · 1851
- Atcheson v. . MallonNew York Court of Appeals · 1870
- Allen v. StephanusTexas Supreme Court · 1857
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- International Travelers' Ass'n v. RogersCourt of Appeals of Texas · 1914
- Cobb v. H. C. Burt & Co.Court of Appeals of Texas · 1922
- Western Union Telegraph Co. v. MorrowCourt of Appeals of Texas · 1919
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