Temple, J., delivered tbe opinion of tbe Court, Cuock-ett, J., Bhodes, C. J., and Wallace, J., concurring:
In 1857 Sloan and Hartman, plaintiffs assignors, made a proposition in writing to tbe settlers on tbe land known as tbe "Pico claim" (wbicb claim was tben pending in tbe United States'Courts for confirmation), to assist tbe Government of tbe United States in opposing tbe confirmation of tbe claim; and to furnish tbe necessary evidence therefor, the settlers to pay in band tbe sum of five hundred dollars to enable Sloan and Hartman to defray tbe necessary expenses of litigation, and to pay tbe further sum of forty-five hundred dollars in certain contingencies, and concluding as follows: "It being understood that tbe full amount wbicb said settlers are to pay to said Sloan and Hartman for a final rejection of said claim is tbe sum of five thousand dollars, and of wbicb said sum said Sloan and Hartman are to pay all tbe necessary costs and charges."
Upon tbe paper containing this proposition Sloan and Hartman wrote an acceptance to be signed by tbe settlers, should they accede to the terms proposed. Tbe acceptance is-in tbe following words: " The undersigned settlers, on tbe within named claim, agree to tbe foregoing jmoposition and will pay tbe sum annexed to their names, for the purpose aforesaid, as tbe same may be required according to tbe terms of tbe within."
This paper purports to have been signed by thirty-three persons, each one of whom, except tbe last, has set after bis name tbe sum of $125. No sum is placed after tbe last name. Tbe document was returned to Sloan and Hartman, signed as above stated, and tbe first installment of $500 paid. Sloan and Hartman, thereupon, as is alleged, proceeded to perform tbe stipulated services, and this suit is brought to recover upon tbe contract, charging tbe signers jointly. Only eight of tbe defendants were served and judgment having been rendered against them, this appeal is taken.
Tbe only question of moment in tbe case is whether tbe *163liability of tbe defendants is joint, ox several only. Tbe act contracted to be performed by Sloan and Hartman was an act to procure tbe rejection of tbe Pico claim. Tbe amount to be paid was one sum, and tbe first payment was made by Tyson, one of tbe settlers, for himself and tbe others. Tbe settlers agree in terms to tbe proposition made them. To this point there is nothing to indicate that a several liability only was intended, and bad this been all, no difficulty cCuld have arisen; and tbe only question is whether tbe addition of tbe words "and will pay tbe sum annexed to tbeir names for tbe purposes aforesaid," under tbe circumstances of this case, limits tbe liability of tbe parties signing tbe acceptance to tbe sums resjjeetively set down by them.
We are inclined to regard this expression as a limitation upon tbe liability of tbe parties signing tbe acceptance.