Aldridge v. Northeast Independent School District
| Decision Date | 02 June 1965 |
| Docket Number | No. 14386,14386 |
| Citation | 392 S.W.2d 607 |
| Parties | Guy ALDRIDGE, Appellant, v. NORTHEAST INDEPENDENT SCHOOL DISTRICT, Appellee. |
| Court | Texas Court of Appeals |
Frank Y. Hill, Jr., San Antonio, for appellant.
Foster, Lewis, Langley, Gardner & Hawn, Ralph G. Langley, Willis T. Taylor, San Antonio, for appellee.
This suit was instituted by appellee, Northeast Independent School District, against appellant, Guy Aldridge, seeking to recover damages in the sum of $40,000.00 for breach of a certain written contract, signed by appellant, to sell and convey to appellee some twenty acres of land to construct a sewerage line and certain public streets. The land was conveyed but the sewerage line and the streets were not constructed.
Appellant answered contending that he signed the contract only as agent for King-O-Hills Development Company, and that the real contract was oral and between said corporation and appellee; that any obligation was that of the corporation and not that of appellant individually. Later, with leave of the court, appellant filed what he termed 'DEFENDANT'S PLEA IN ABATEMENT, FIRST AMENDED ORIGINAL ANSWER, AND THIRD PARTY COMPLAINT,' in which he made the following prayer, to-wit:
'WHEREFORE, PREMISES CONSIDERED, Defendant prays that third party Defendant herein be cited to appear and answer this third party complaint; and on the trial hereof, the Plaintiff take nothing as against this Defendant, and that he be discharged and recover his costs; but that if the said Plaintiff should recover anything, then that this Defendant recover against the third party Defendant herein (King-O-Hills Development Company) for the same amount; and that in either event that this Defendant recover from and against the third party Defendant all expenses and attorney's fees incurred by Defendant in the defense of this suit and in the protection of himself against the action of the Plaintiff herein, and for such other and further relief both at law and in equity to which Defendant may show himself justly entitled.'
The third party defendant filed its answer and entered its general denial to appellant's third-party petition.
Thereafter, on motion of appellee, the trial court granted a summary judgment in the sum of $30,000.00 against appellant, being the amount of damages suffered by appellee as stipulated, but made no disposition of the third party suit. Thus the judgment from which this...
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Lehmann v. Har-Con Corp.
...Vance v. Wilson, 382 S.W.2d 107 (Tex. 1964) (res judicata). 35. 400 S.W.2d 893 (Tex. 1966). 36. Northeast Indep. Sch. Dist.v. Aldridge, 392 S.W.2d 607 (Tex. Civ. App.--San Antonio 1965), rev'd and remanded, 400 S.W.2d 893 (Tex. 1966). 37. 400 S.W.2d at 897-898. 38. Id. at 898. 39. Teer v. D......
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Aldridge v. Northeast Independent School Dist.
...the appeal dismissed upon the theory that the judgment appealed from was only an interlocutory order. Aldridge v. Northeast Independent School Dist., Tex.Civ.App., 392 S.W.2d 607. The Supreme Court of this State granted a writ of error, reversed the judgment and remanded the case to this Co......
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North East Independent School District v. Aldridge, A-10983
...of $30,000.00. The Court of Civil Appeals dismissed the appeal upon a holding that the trial court's judgment was not a final judgment. 392 S.W.2d 607. We reverse the judgment of the Court of Civil Appeals and order the appeal School District's suit was based upon an alleged breach of a wri......