H. S. Leyman Co. v. Piggly-Wiggly Corp.

ON REHEARING.

OPINION

By MATTHEWS, J.:

The application for rehearing was granted because the Court desired further argument on the appellees’ contention, that as we had concluded that the appellant did not bear the relation of real party in interest to the cause of action sued upon, it necessarily followed that it could not be prejudiced by the judgment.

However, it should be remembered that while the appellant has conceded that as between it and The Leyman Corporation it would be obliged to account to the latter for the proceeds of any recovery, it has not admitted that it was not the real party…