Wasserman v. Fleisher

Citations

• 249 Pa. 29
• 94 A. 454
• 1915 Pa. LEXIS 669

Syllabus

<p>Practice, O. P.—Pleading—Parties—Misjoinder of plaintiffs— Nonsuit.</p> <p>Where in an action brought by a member of a firm for the use of himself and his partner for the alleged breach of a warranty that certain real estate sold by defendant to plaintiffs would have a certain net income value, and a certain sale value within two years after the purchase, it appeared that the alleged warranty was made with the legal plaintiff, not with the other member of the firm and that the contract of sale had been fully executed, and where there was no averment, or proof of fraud, or deceit in the- sale, the trial judge made no error in entering a compulsory nonsuit.</p>