Park Terrace, Inc. v. Phoenix Indemnity Co.

When considered literally, the motion made was a motion to make McLean a party defendant so that the original defendants could plead the covenant contained in his contract executed contemporaneously with, and as a part of the consideration for, the purchase by McLean of the common stock of plaintiff corporation. However, broadly speaking, the motion seeks to have McLean made a party to the action so that the original defendants may plead his covenant contained in his contract in bar of any recovery in this action.

If we treat the plaintiff as an active corporation prosecuting this action as…