Pittsley v. King

Citations

• 206 Pa. 193
• 55 A. 920
• 1903 Pa. LEXIS 674

Syllabus

<p>Contracts — Parties—Joint obligation— Corporation.</p> <p>Wherever an obligation is undertaken by two or more, or aright given to two or more, it is the general presumption of law that it is a joint obligation or right. Words of joinder are not necessary for this purpose ; but, on the other hand, there should be words of severance, in order to produce a several responsibility or a several right. Whether the liability incurred is joint, or several, or such that it is either joint or several at the election of the other contracting party depends (the rule above stated being kept in view) upon the terms of the contract, if they are express.</p> <p>Whether the liability of covenantors is joint, or several, or both, depends exclusively upon the words of the covenant. The language of severalty or joinder is the test. The covenant is always joint unless declared to be otherwise.</p> <p>Where the plaintiff by an instrument in writing agrees to build, equip and complete for 186 defendants, “a milk condensory plant,” for the agreed price of $42,000, and the price so agreed upon is to be paid by the defendants who are also to furnish the land on which the plant is to be built, the contract is a joint obligation of defendants, and it is immaterial that in the same paper the defendants agreed to become incorporated for the purpose of conducting the milk condensory, where it appears that the total subscription to the stock of such corporation in the paper was less than the contract price of the condensory and that thirty-six of the defendants subscribed to no stock at all but merely set opposite their names the number of cows whose milk would be furnished by them to the condensory.</p>