M'Gilvery v. Moorhead

Citations

• 3 Cal. 267

Syllabus

<p>Where a joint contract was made by M. and C., for the purchase of a quantity of flour of defendants, and the defendants delivered one portion of the flour to M., and another to C., on their respective orders, and received payment from them severally, and settled with C., and then cancelled the contract with regard to him, and M. afterwards sued for damages, alleged to have been sustained by him alone, on the contract, Held, that if plaintiff relied upon the original contract between him and C. and the defendants, he could not sue without joining C. in tlie action.</p>