Black v. Struthers
Supreme Court of Iowa
Appeal from Lee District Court. The facts of this case will sufficiently appear in the opinion of the court. An action cannot be maintained on a joint contract against one of the joint obligors; neither can an action be maintained on such an instrument by one of several joint obligees. 1 Greenl. Ev. section 50, 64; Abb. PL & F. 466 ; Bouv. Law Die. 620; Hoop v. Seaton, 4 G. Greene 252.
1Opinion of the CourtLowe, C. J.
The plaintiff declares upon a special contract entered into with the defendant alone, under which it is alleged he received fifteen hundred pounds of wool, the property of the plaintiff, and agreed to sell and dispose of the same, and account to plaintiff for the proceeds, amounting to some $600, the sale of which he had effected but made default in accounting for the same. The defendant denying the indebtedness, it was proved on the trial, by the plaintiff himself, that he was a tenant under the defendant and one Samuel Brownlee ; occupied a farm belonging to them, and had the charge and…
2Cited by1 opinion
- Nelson v. ZiegfeldSupreme Court of Florida · 1930