Galleria Bank v. Southwest Properties, Inc.

COLEMAN, Chief Justice.

This is an appeal from an order overruling appellant’s plea of privilege. The principal question is whether appellant is a “necessary party” as that term is used in Subdivision 29a of Article 1995, Vernon’s Ann.Tex.Civ.St. The judgment is reversed.

The plaintiffs, Mitchell Chuoke and I. P. Kovacevich, doing business as Chuko Realty Management Company, sued Southwest Properties, Inc., in Galveston County, Texas, for the return of $4,000.00 earnest money. Southwest Properties, Inc., answered that it had paid the money by a check drawn on United Bank of Arizona payable to…