Cheatham v. Morrison

Mr. Justice McGoavan.

I dissent. It seems to me that the undertaking sued on should be construed according to the manifest intention of the parties. And I have no doubt that the words “in this action” were intended to make the parties liable for Avhat might be recovered on the claim made in this froceeding. The technical Avords used should not be allowed to defeat the intention of the parties and the plain justice of the case.

Judgment affirmed.