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joint and several contract by partners

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 26 U.S. 311 - Robert Barry v. Thomas Foyles · 1828Most cited · 29 citing opinions

The principle is, that a contract, made by copartners, is several, as well as joint, and the assumpsit is made by all, and by each. It is obligatory on all, and on each of the partners. If, therefore, the defendant fails to avail himself of the variance in abatement, when the form of his plea obliges him to give the plaintiff a proper action, the policy of the law does not permit him to avail himself of it, at the trial.