Berg v. Stanhope

Gilfillan, C. J. 1 Appeal from an order overruling a demurrer to the complaint. One ground of demurrer was that several causes of *177 action are improperly united. The complaint contains three counts, all alike so far as obnoxious to the above ground of demurrer. Each alleges a request by defendant Stanhope to do certain work, and a promise by him to pay for it, and a separate promise by defendant Patterson to pay for the same work. No joint employment or promise is alleged. In other words, a separate cause of action against each defendant, but no joint cause of action against both, is alleged- The case comes within the decision in Trowbridge v. Forepaugh, 14 Minn. 100 , (133,) in which it was held that the statute forbids thejoinder of causes of action which do not affect all the parties. The-liability of each defendant depends on the contract or promise of himself, to which the other was not a party, and by which he was notf affected. Order reversed. Mitchell, J., was absent, and took no part in this decision.