229 S.W. 880 | Tex. App. | 1921
The Shear Grocery Company, a corporation, and the Hayes Tire Company, a partnership, obtained judgment against the garage company, and sued out a writ of garnishment thereon against Maloy and Joyner. In the garnishment suit they obtained judgment against Maloy and Joyner, the garnishees, foreclosing their lien on said goods. Appellant, claiming to be the owner of said goods, sued out a writ of sequestration, and levied on said goods. The members composing the garage partnership, the Shear Grocery Company, and the members composing the Hayes Tire Company were made parties defendant to this suit.
The case was tried before the court without a jury, and judgment rendered against plaintiff, refusing to permit it to rescind the contract and recover the goods, and holding that Shear Grocery Company and Hayes Tire Company had a prior lien on said goods by reason of the garnishment proceedings.
The transaction did not compel appellant to accept Maloy and Joyner as its creditors for the price of the goods. Having sold and delivered the goods to the garage company, it could recover the purchase price thereof from the members of such company. It is neither alleged nor proven that the garage company made any false representations in order to obtain credit for the goods sold to them.
For the reasons stated, the judgment of the trial court is affirmed.
*881Affirmed.