Missouri, Kansas & Texas Railway Co. v. Yale

COLLARD, Associate Justice.

Suit by the appellee, T. B. Yale, •against the Missouri, Kansas & Texas Railway Company of Texas, for the price of twenty-six cars of cedar piling. Appellee alleges that the appellant, acting through its agents, bought from him the piling, re■ceived it, and refused to pay for it. Appellant sets up that Graham & .Miller purchased the piling from plaintiff, from whom it purchased and paid for the piling, and that it is not liable to plaintiff. It sought to ."have Graham & Miller and the American Surety Company, of Yew York, indemnifiers, made parties. The court…