Tyler v. Elston

PRICE, Judge.

On this appeal we are confronted with the question of whether the owner and operator of a livestock commission auction may bring suit in his own name against the purchaser of cattle sold by the livestock auctioneer on behalf of other parties.

Harold Tyler and Hershel Tyler, d/b/a Homer Livestock Commission Company, filed suit against R. D. Elston for the sum of $5,731.95 alleged to be the purchase price of cattle purchased by Elston on May 20, 1968, through the auction operated by petitioners in Homer, Louisiana. Defendant filed an exception of vagueness to plaintiffs’ original…