Fitzgerald v. Browning-Ferris MacH. Co.

Appellee, Browning-Ferris Machinery Company, a corporation, sued appellants, H. E. Fitzgerald and W. S. Thompson, to recover a balance due on a written contract signed foy them for the •purchase of certain machinery and for a foreclosure of the lien thereon created by such contract. Castor & Ward Bros., a partnership composed of John H. Castor, B. H. Ward, and R. H. Ward, were made parties defendant, and were alleged to be asserting some claim to said machinery, the nature of which was unknown to appel-lee. The suit was subsequently discontinued as to said partnership and continued with…