Berkman v. Ross

This action of contract was based upon a lease executed by two partners as lessors and the defendant as lessee. The action was brought in the name of one of the lessors.

The trial judge denied a requested ruling to the effect that there must be a finding for the defendant because of the non-joinder of both lessors as parties plaintiff. This ruling was erroneous. Thomas v. Benson, 264 Mass. 555.. It is ordered that the finding for the plaintiff he vacated and a finding and judgment entered for the defendant.

*191Britton v. Goodman, 235 Mass. 471, 475:

“A contract by co-partners within the scope of…