Lamson Co. v. . Morehead

The plaintiff in the petition distinctly alleges “that the said Lamson Company has no contractual relation whatsoever with the said Sinkoe Company.” We cannot see how the defendant can have E. I. and R. A. Sinkoe made parties to the action and then plead for plaintiff that the Sinkoes are solely responsible to it when the plaintiff says there is no contractual relation between it and the Sinkoes. Benevolent Assn. v. Heal, 194 N. C., 401. Then again, the court below sustained the demurrer filed by the Sinkoes. The plaintiff appealed. The receiver did not. We find no error in the court below…