Barnes v. Waters Equipment Co.

DIES, Chief Justice.

John R. Barnes, a defendant below (hereafter “Barnes”), a Dallas resident, is president of Equidyne Drilling Company, Inc., a co-defendant below (hereafter “Equidyne”). Equidyne was in the process of drilling an oil well in Jasper County. Both of Equi-dyne’s mud pumps broke down, and Barnes leased one from Water’s Equipment Company, Inc. (hereafter “Plaintiff”). Plaintiff required a $10,000 deposit, and Barnes, having no blank checks of Equidyne, gave Plaintiff a personal check for the $10,000 drawn on a Dallas bank.

The pump was delivered and allegedly did not perform…