Kelsey v. Myers

The writer concurs in the disposition of the appeal solely upon the authority of McDonald v. Cabiness, 100 Tex. 615, 102 S. W. 721, and the other cases cited in the opinion by Judge LESLIE. It appears to me that McDonald v. CaMness and most of the other cases are not distinguishable from this upon any sound principle. Unless, however, the pleadings in each of said eases are properly to be regarded as alleging a contract to which only the plaintiff and the defendant, against whom recovery was sustained, were parties, then I am equally unable to perceive any distinction in principle between…