delivered the opinion of the court, at the ensuing September term at Wiscasset.
The single question submitted to our consideration is, whether the release given by Austin, one of the four persons who jointly contracted with the defendant, is available to him against each and every of the other contracting parties. The release in its terms discharges Weld from his liabilities to Austin only, for any damages sustained by him. To give it a more broad and extensive operation, would be contrary to the expressed intention of both the parties. According to Cole v. Knight 3 Mod. 277, and Lyman v. Clarke & al. 9 Mass 235, a release should be confined to the object which was in view, and on which it was plainly the intention of all concerned, that it should operate. The contract was originally joint; and had no release been given by Austin, an action must necessarily have been brought in the name of all the
