(Download) "Wyoming Wool Marketing Association v. Urruty" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wyoming Wool Marketing Association v. Urruty
- Author : Supreme Court of Wyoming
- Release Date : January 25, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The question involved on this appeal taken by Wyoming Wool Marketing Association in Case No. 3218 is whether or not the action here was prosecuted in the name of the real party in interest as required by Rule 17(a), Wyoming Rules of Civil Procedure. Under the circumstances it is unnecessary extensively to relate the facts or the contents of the pleadings. In a general way, however, the record shows that on January 13, 1951, defendant Martin Urruty entered into a marketing agreement with Wyoming Cooperative Wool Marketing Association, predecessor in interest to plaintiff Wyoming Wool Marketing Association, whereby plaintiff acting as factor agreed through its agent, National Wool Marketing Corporation, hereinafter called National, to sell defendants 1951 wool clip. At the time the agreement was executed plaintiff advanced to defendant against the contemplated net proceeds of sale the sum of $5,000.00 and later, upon receipt of the wool, advanced an additional sum of $13,850.00. After marketing the wool, plaintiff claimed that overadvances had been made to defendant in the sum of $8,977.25 for which defendant was liable under the terms of the agreement; and under date of February 5, 1960, plaintiff commenced this action to recover such amount, together with interest from and after May 26, 1953. After issues had been joined by defendants amended answer and on defendants counterclaim, the matter came on for trial before a jury.