Snell v. De Land

Citations

• 43 Ill. 323

Syllabus

<p>1. Parties—suing as joint contractors—must show joint interest. Where plaintiffs sue as joint contractors, they must show a joint interest in the subject matter of the suit.</p> <p>2. Same—common law not changed. And section 7, chapter 40, of the act entitled, “Evidence and depositions,” does not change the common law in this respect; it simply dispenses with certain proofs, which, at common law, persons suing as joint obligees partners or payees were required to make, under the.general issue.</p> <p>3. Same—objection—how taken, as to nonjoinder, or misjoinder, of parties plaintiff. In actions on contracts, if there are too few or too many parties plaintiff, it is fatal to a recovery, and the objection may be taken either by plea in abatement, or as a ground of nonsuit, upon the trial, under the plea of the general issue.</p> <p>4. Evidence—variance between and declaration—effect-of. Where, in an action on a contract, the declaration alleges, that four persons, plaintiffs, made it, with the defendant, and the proof shows, that but three of them made it, or that the four named, together with another not named, made it,' such allegations are not supported by the proof, and the variance is fatal. A plaintiff, under the plea of the general issue, is bound to prove his case as stated in his declaration.</p> <p>6. Partnership—what constitutes—effect of particular agreements between parties. Where A and B, as partners, and C and D, as partners, comprising distinct firms, make a contract with E, to funish him a certain quantity of wool, and agreed among themselves, to share profit and loss in the speculation, each firm to furnish a certain proportion of the wool,—Meld, that as to such transaction, they could not be considered as partners between themselves, or as to third persons.</p>