Safeway Stores, Inc. v. Amburn

MASSEY, Chief Justice.

Kenneth Amburn, as plaintiff, brought suit in Jack County against Bill Koch and his employer, Hopper & Hawkins, Inc., and against R. C. Newman and his employer, Safeway Stores, Inc. In connection with the transaction out of which plaintiff’s cause of action arose Hopper & Hawkins, Inc., was alleged to have been acting within the scope and course of its agency relationship with Safeway Stores, Inc.

Bill Koch was never served with citation, and for our purposes may be treated as having never been a party defendant. The other defendants were served. Each of them filed a plea…