Moorman Motors, Inc. v. Phelps

The opinion of the court was delivered by

Fontron, J.:

This is an appeal from an order overruling the defendant’s motion to make an additional party defendant and directing that defendant’s counterclaim be stricken from his answer and made the subject of a separate action.

The facts which are material to this appeal are not in dispute. The plaintiff, Moorman Motors, Inc. sued the defendant, Fred W. Phelps, to recover a balance alleged to be due on the purchase price of a Studebaker automobile. The petition alleges that the car was purchased by Phelps under a conditional sales contract which…