Peery v. Kerr

Decided July 15, 1860

Supreme Court of Missouri · decided 1860-07-15

On the 28th of July, 1858, Andrew L. Kerr, Jasper M. Perry, Joseph E. Dickey and Ambrose M. Day entered into an agreement as follows: The aforesaid parties do hereby agree and bind themselves, each to the others, in the sum of five thousand dollars, that they will purchase the steamboat David Tatum, or some other steamboat which may be selected by a majority of said parties, said purchase to be made as soon after this time as can conveniently be done, and said boat, when…

Decided 1860-07-15

Scott, Judge,

¶1delivered the opinion of the court.

¶2There is but one cause of action stated in the petition, and that is founded on the written agreement. The agreement is several only. Each party binds himself to the others. They did not intend to become sureties for each other. Each defendant is separately liable to all the others for his own acts. If this action can be sustained, then the defendants *353are made liable for each other, whilst their undertaking was several. Actions should have been commenced against each defendant violating the agreement.

¶3Affirmed.

The other judges concur.