There must have been such evidence, or the Court would not have so charged.
JUDGES: Mr. J. Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.
OPINION
HEYDENFELDT, Judge
The Court erred in refusing to instruct the jury, as requested by the defendants. The contract declared upon was joint, and if Warner was not a party to it, he, 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.