Townsend v. Heath

These parties appeared in reverse order in the trial court and are hereinafter designated as there, or by name.

This was an action on an oral contract to pay a commission for the procurement of capital to develop mining properties. It was dismissed as to all except the present plaintiff in error against whom a judgment was entered for something over $7,000, and to review that judgment he prosecutes this writ. Of the sixteen assignments we find it necessary to consider only the second which is, in substance, that the suit was upon a joint liability and the discharge of three of the alleged…