Burditt v. Glasscock
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. W. Terrell, one of the district judges. This was a suit brought by Glasscock against Burditt for $251 67, the balance claimed by him to be due for 788 bushels of corn, sold and delivered to the defendant.
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Appeal from Travis. Tried below before Hon. A. W. Terrell, one of the district judges. This was a suit brought by Glasscock against Burditt for $251 67, the balance claimed by him to be due for 788 bushels of corn, sold and delivered to the defendant. The defendant answered, and pleaded in reconvention that he contracted with the plaintiff, in the month of June, A. D. 1856, for 1,200 bushels of corn, at 50 cents per bushel, to be delivered at the plaintiff’s crib, in Travis county, as soon thereafter as it could be shelled; and that, by the terms of said contract, the defendant was not to pay…
1Opinion of the Court
Wheeler, 0. J.
—We are of opinion that the court did not _ err in sustaining the exceptions to the petition of the interven or. The intervenorwas not a party to the contract between the plaintiff and defendant. There was no privity between him and the plaintiff. His right of action against the defendant, if he have one, is upon an independent contract between himself and the defendant, distinct from that between the plaintiff and defendant on which the suit was brought. That cannot give him a right to intervene between the parties to this suit.
The ground mainly relied on for a reversal of the…
2Cases cited2 opinions
- Hunter v. WaiteTexas Supreme Court · 1853
- Parker v. McKelvainTexas Supreme Court · 1856