Lurz v. JOHN J. THOMPSON & COMPANY

(After stating the foregoing facts.) Code § 3-108 provides as follows: “As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, shall be brought in the name of the party in whom the legal interest in such contract is vested, and against the party who made it in person or by agent.” The plaintiff seller and the non-resident purchaser are the prime contracting parties, the defendant being made a party for the purpose of protecting his commission and not because of any obligation or liability on his part. The sole question,…