Kritzner v. Warner
JOHN KRITZNER v. J. M. WARNER
- Area
- civil
- Panel
- Heydeneeldt (author), William J. Murray, Jr.
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydeneeldt
Mr. J. Heydeneeldt delivered the opinion of the Court.
Mr. Oh. J. Murray concurred.
The Court erred in refusing to instruct the jury, as requested by the defendants. The contract declared upon *233was joint, and if Warner was not a party to it, he, [233] at least, could not be *liable. Nor would' the reception of money by Warner, on account of the work done, be sufficient to fix his liability. It would be, at most, a mere circumstance, which should be left to the jury, tending to show that he may have been a party to the contract, if there was any controversy on that point.
Judgment reversed, and cause remanded.