Lewis v. Tilton

• Decision Date: 14 June 1884
• Citation: 19 N.W. 911,64 Iowa 220
• Parties: LEWIS v. TILTON AND OTHERS.
• Court: Iowa Supreme Court

64 Iowa 220

19 N.W. 911

LEWIS

v.TILTON AND OTHERS.

Supreme Court of Iowa.

Filed June 14, 1884.

Appeal from Wapello district court.

The petition, as amended, states that the defendant and others formed a benevolent society for the prevention and suppression of intemperance, known and designated as the “Ottumwa Temperance Reform Club,” and that they were chosen to represent said society as its executive committee; that in March, 1878, the defendants entered into a written contract of lease with plaintiff, by the terms of which said “Ottumwa Temperance Reform Club” was to and did occupy the premises described in said lease, at the yearly rental of $1,500; (a copy of said lease is attached to the petition;) that by virtue of said lease the defendants, and the society of which they were members, occupied said premises from March 1, 1878, to July 1, 1879, and enjoyed all the benefits resulting from such occupancy; that these defendants verbally contracted with the “Ottumwa Gas-light Company” to furnish said “Ottumwa Temperance Reform Club” the gas required to light said opera-house and rooms thereunder; that by virtue of said verbal understanding the gas company did, from time to time, and as required, furnish said club a large amount of gas; “that said club was not incorporated at the time the above contracts were made, and is not now;” that said account for gas has been assigned to plaintiff. Upon the grounds above stated the plaintiff sought to make the defendants individually liable. To the petition there was a demurrer, which was sustained, and the plaintiff filed an amended petition stating various acts and things done, and reaffirmed all the allegations of the petition, and thereupon asked judgment against the defendants individually. To the amended petition the defendants demurred, which was sustained, and the plaintiff excepted, and, electing to stand thereon, appealed.Williams, Jaques & Adler, for appellant.

Chambers & McElroy, for appellees.

SEEVERS, J.

1. As we understand the petition, the verbal contract entered into with the gas company is an original undertaking on the part of the defendants. At their request the gas was furnished the club, and, of course, it seems to us the defendants are bound to pay for the gas so furnished. It matters not who it was furnished to. The gas company had a right to expect that the defendants would pay for whatever was furnished at their request. There is no allegation that credit was extended to the club, and the only presumption which can be indulged is that the credit was extended to the defendants. As they contracted, they must pay.

2. The more serious question is whether the defendants are individually liable under the lease, which, on its face, shows that it was entered into betweenthe plaintiff as party of the first part and the “Ottumwa Temperance Reform Club,” party of the second part, and is signed by the plaintiff and the defendants as follows:

“R. L. TILTON,

S. B. THRALL,

DANIEL EATON,

JOSEPH SLOAN,

Executive Committee of the ‘Ottumwa Temperance Reform Club.’ ”

It is insisted that the lease shows that credit was extended to the club, and that the contract was made with it; that the principal was named, and therefore the defendants cannot be made individually liable. This line of argument, possibly, would be conclusive if there is a principal. But there is none. The club is a myth. It has no legal existence and never had. It cannot sue or be sued. The defendants contracted in the name of the supposed...