Landis v. Shapley

Citations

• 78 Pa. Super. 512
• 1922 Pa. Super. LEXIS 150

Syllabus

<p>Practice, G. P. — Assumpsit—Joint action — Parties not bound— Nonsuit.</p> <p>In an action of assumpsit against four defendants, upon an alleged oral contract, evidence that only two of the defendants were present when the contract was supposed to have been made, is not sufficient to sustain the action against four, in the absence of proof that the others knew of the agreement, authorized it to be made on their behalf, or subsequently ratified it. Under such circumstances the joinder of the defendants was fatal to the plaintiff’s case and the court properly entered a nonsuit.</p>