Franklin v. Ferguson

The whole contention here is as to the construction of the following clause in the last paragraph of the contract:

“This contract not valid unless signed by twenty people, and should deficit occur each signer will be held responsible for their equal share.”

Without these words the contract would have been a joint contract, but we are clearly of the opinion that this clause makes it a several contract, upon which each signer must be sued separately for his proportionate share of the $1,250 alleged to be due: Hayden v. Pearce, 33 Or. 89, 91 (52 Pac. 1049); Gaines v. Vandecar, 59 Or. 187 (115 Pac.…