Warden v. Andrews

• Decision Date: 27 January 1931
• Docket Number: 564.
• Citation: Warden v. Andrews, 200 N.C. 330, 156 S.E. 508 (N.C. 1931)
• Parties: WARDEN v. ANDREWS et al.
• Court: North Carolina Supreme Court

156 S.E. 508

200 N.C. 330

WARDEN v. ANDREWS et al.

No. 564.

Supreme Court of North Carolina

January 27, 1931

Appeal from Superior Court, Yadkin County; Harding, Judge.

Action by Paul Warden against J. K. Andrews and another, trading as the Transou-Jordan Lumber Company. From the judgment plaintiff appeals.

Affirmed.

Complaint for balance due under contracts for hauling lumber held demurrable for misjoinder of parties and causes of action.

The plaintiff alleged that he purchased certain trucks from the defendant Andrews and gave a note for said purchase price. As a part of the consideration of said purchase, the defendant Andrews assigned to him certain contracts for hauling lumber. These contracts are as follows: (a) Contract with J. K Andrews; (b) contract with Eugene Transou; (c) contract with Transou-Jordan Lumber Company, a partnership composed of Eugene Transou and L. R. Jordan. Plaintiff further alleged that he undertook the performance of said contracts, and during the time of performance there was an agreement between him and Andrews and Transou, acting for himself and the Transou-Jordan Lumber Company, a partnership, that payments were to be made directly to the plaintiff. He further alleged that he had hauled and delivered certain lumber to the defendants under said contracts, and that the amount due by the defendants was $1,541.57.

The defendant demurred upon the ground that there was a misjoinder of parties and causes of action.

Williams & Reavis, of Yadkinville, for appellant.

R. F Crouse and C. W. Higgins, both of Sparta, and Folger & Folger, of Mt. Airy, for appellees.

BROGDEN J.

An examination of the complaint discloses that the suit is instituted upon...