Lubbock Manufacturing Co. v. International Harvester Co.

ROBERTSON, Justice.

This is an appeal from a summary judgment denying appellant Lubbock Manufacturing Company the right of contribution under Tex.Rev.Civ.Stat.Ann. art. 2212 (Vernon 1971) from appellee International Harvester Company. Lubbock sought to establish that International Harvester was a joint tortfeasor along with Lubbock in connection with an accident in which a butane truck overturned and exploded. We affirm in part, reverse and remand in part, and reverse and dismiss in part.

On April 29,1975, a tractor-trailer combination owned and operated by Surtigas S. A. overturned near Eagle…