Pool v. Sanford
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit by John H. Sanford against the appellant, Pool, alleging that in July, 1878, William Pool, the defendant, “ contracted with the plaintiff to pay him $6,000, in consideration that the plaintiff would supply the material and erect a dwelling-house for defendant on lots 5, 6, and 7 in block 204, in Galveston, owned by the defendant, in accordance with plans and specifications in possession of the…
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit by John H. Sanford against the appellant, Pool, alleging that in July, 1878, William Pool, the defendant, “ contracted with the plaintiff to pay him $6,000, in consideration that the plaintiff would supply the material and erect a dwelling-house for defendant on lots 5, 6, and 7 in block 204, in Galveston, owned by the defendant, in accordance with plans and specifications in possession of the defendant; that plaintiff, in pursuance of that contract, at defendant’s special request, furnished all the lumber and other…
1Opinion of the Court
Bonner, Associate Justice.
It is contended by appellantPool that appellees Moore & Co. and Wedemeyer & Schulte had no right to intervene in this case.
*633We have no statute providing for the right of intervention, but our practice on this subject, as said in Whitman v. Willis, 51 Tex., 425, is probably derived through the Ecclesiastical Courts of England and the modifications of the civil law as found in the State of Louisiana, and rests upon the principle that a party should be permitted to do that voluntarily which, if known, a court of equity would require to he done.
In 2 Chitty’s General…
2Cases cited12 opinions
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Ecoles v. HillTexas Supreme Court · 1854
- Smalley v. TaylorTexas Supreme Court · 1871
- Mussina v. GoldthwaiteTexas Supreme Court · 1871
- Field v. GantierTexas Supreme Court · 1852
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Inter-Continental Corporation v. MoodyCourt of Appeals of Texas · 1966
- Potlatch Lumber Co. v. RunkelIdaho Supreme Court · 1909
- Fleming v. SeeligsonTexas Supreme Court · 1881
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Municipal Gas Co. v. Lone Star Gas Co.Court of Appeals of Texas · 1924
33 more not listed; retrieve them via the Exa API.