Miller v. Kullesowicz

Citations

• 41 Pa. Super. 39
• 1909 Pa. Super. LEXIS 7

Syllabus

<p>Married women — Husband as agent.</p> <p>1. When in the making of a parol contract both husband and wife join in the negotiation and the work contemplated by and done under the contract involves exclusively the improvement of the estate of the wife, the presumption is that the contract is made on behalf of the wife, and, in the absence of an express stipulation that she shall be liable only jointly with her husband, an action may be maintained against her alone.</p> <p>Practice, C. P. — Pleading—Plea of abatement.</p> <p>2. If a person be omitted as defendant who ought to be joined in an action founded on a joint contract, whether on a specialty or not, the objection can be taken advantage of only by a plea in abatement.</p>