Spencer v. Standard Chemicals & Metals Corp.

When we adopted our scheme of reformed practice, one purpose being to end in part the ancient distinctions between law and equity, we provided that every action must be prosecuted in the name of the real party in interest. (Code of Procedure, sec. 111.) A few exceptions were made. A trustee of an express trust, for instance, might still sue without joining with him the person for whose benefit the action is prosecuted and later such a trustee was defined to include one with whom or in whose name a contract is made for the benefit of another. ' (Code of Procedure, sec. 113.) Theretofore as the…