Wilson Supply Co. v. West Artesia Transmission Co.

I respectfully dissent. I would reverse the judgment of the trial court that appellant, Wilson Supply Company, take nothing against appellee, West Artesia Transmission Company, and render judgment that appellant recover judgment in the amount of $6,000 against appellee, the amount of the check given by appellee to Gernandt Drilling Company, which check was endorsed by Gernandt Drilling Conpany and delivered to appellant to apply on payment of an indebtedness owed by Gernandt Drilling Company to appellant.

In my opinion, this case comes under and is controlled by the provisions of Subdivision…