Dantzler Lumber & Export Co. v. Columbia Casualty Co.

(dissenting).—Although the bill may show a right of action on the part of the Dantzler Company against Ernst & Ernst, either ex contractu for breach of contract, or ex delicto for breach of duty arising out of the contract between those parties, I cannot see how the doctrine of subrogation can be resorted to in support of a right of action, either legal or equitable, on behalf of the Columbia Casualty Company against Ernst & Ernst.. The contract between Ernst & Ernst and the Dantzler Company was not made for the benefit of the Casualty Company. Of course, upon payment to the Dantzler Company…