Jacobson v. McMillan

I concur as to respondent Cromwell and his surety. I dissent as to respondent McMillan and his surety. The demurrer was properly sustained, therefore, on the ground that there was a misjoinder of parties defendant.

Eliminating respondent Cromwell and his surety, however, leaves for determination the question of whether the complaint states a cause of action against respondent McMillan and his surety, and if so, whether it is ambiguous, unintelligible, and uncertain. There is no ambiguity or uncertainty as to the essential facts, and they are clearly and intelligibly set forth.

The demurrers, of…