Purcel v. Wells

PICKETT, Circuit Judge.

This is an appeal‘from a judgment dismissing appellants’ complaint for defect of parties plaintiff and failure to join indispensable-parties defendant.

The pleadings, exhibits, and uncontro-verted affidavits show that on August 15, 1951, Wells & Son Construction Co., a partnership composed of the defendants Cecil G. Wells and James A. Wells, entered into a joint venture with Lewis Grinnan Co., a partnership, and M. A. B. Corporation of Texas, to construct, as prime contractor, certain military housing units at Camp Hood in Texas; The joint venture agreement provided…