A. Leschen & Sons Rope Co. v. Moser

ND, J. (after stating the facts as above).

By the first assignment of error appellant complains because a verdict was instructed for all defendants except Moser. It is contended that the issue whether the Del Carmen Mining Company assumed the indebtedness sued upon by appellant should have been submitted to the jury. All purchases from appellant were made by Moser individually, and it is clear that Moser bound himself to complete the tramway and turn it over to the company; all expense to be borne by him. To secure his compliance with such agreement, the stockholders purchasing from him…