JOINT CONTRACT. One in which the contractors are jointly bound to perform
the promise or obligation therein contained, or entitled to receive the
benefit of such promise or obligation.
2. It is a general rule that a joint contract survives, whatever may be
the beneficial interests of the parties under it; where a partner,
covenantor, or other person entitled, having a joint interest in a contract
not running with the land, dies, the right to sue survives in the other
partner, &c. 1 Dall. 65, 248; Addis. on Contr. 285. And when the obligation
or promise is to perform something jointly by the obligor or promissors, and
one dies, the action must be brought against the survivor. Ham. on Part.
156.
3. When all the parties interested in a joint contract die, the action
must be brought by the executors or administrators of the last surviving,
obligee, against the executors or administrators of the last surviving
obligor. Addis. on Contr. 285. See Contracts; Parties to Actions; Co-
obligor.