13 Minn. 394 | Minn. | 1868
By the Gourt -This action is brought against Win. J. Cullen, sole appellant,.and others, alleged to have' been associated together in town site speculations, and doing-business under the common name of “ The Watonwan andDesmoins Land Company.” The plaintiff seeks to recover compensation for services rendered by. him under, a written agreement, which by its terms was entered into “ between Alexander Wood, * * * party of the first, and John B. Pish, * * * as agent of the Watonwan and Desmoins Land-Company, party, of the second part,” and which sets forth, among other things,. “ that the said John B. Pish, as the said agent, has this day appointed the said Alexander Wood agent of the said Watonwan and Desmoins Land Company,” and at a specified salary. The agreement is' signed “Alexander Wood, John B. Fish, as agent for the Watonwan and Desmóins Land Company,” and is under seal. Evidence was introduced by the plaintiff, tending to show that certain of the defendants, perhaps all except Cullen, signed an instrument in writing agreeing 'to take the number of shares set
It is said that as it is not claimed that Cullen signed the instrument referred to, but he is connected, if connected at all
It was further argued that if Cullen, the appellant, did not sign the articles of association, before mentioned, lie could not be held jointly with the persons who did sign them. Ifj however, as is claimed by the respondent, the evidence in the
The only remaining point which we deem it necessary to consider, relates to the order to be made in this case. All of the defendants except four were defaulted below. As to one defendant, Medary, a discontinuance was entered. Three of the defendants answered, and judgment was entered below against all except Medary, Fish and Solryns, for $1230.35, and against Fish and Solryns for $394.62, which sum is designated in the judgment as “ part and parcel of said sum of $1230.35.” Cullen aloné appealed. As under the views which we have expressed, Cullen is entitled to a reversal, and the judgment cannot be reversed as to him alone, without injuriously affecting the rights of his joint defendants, who do not appear in this Court, the judgment must be reversed £ts to all the defendants, and it is so ordered.