Morton v. Thornton

This action was begun by plaintiffs “jointly and as assignees” to recover unpaid commissions owing to each of fifteen of defendants’ salesmen. The asserted unpaid balance owing the several salesmen varies from $24.55 claimed to be due C. Fraiser Whatley to $3,077.91 claimed to be due plaintiff Morton. The aggregate of the claims is $10,107.43.

We were called upon at the Spring Term 1962 by defendants’ demurrer to determine whether there was a misjoinder of parties and causes. Morton v. Thornton, 257 N.C. 259, 125 S.E. 2d 464. We -then held each salesman had a right o>f action which he could…