
    KOLP et al. v. WEIL BROS.
    (No. 5419.)
    (Court of Civil Appeals of Texas. San Antonio.
    Feb. 10, 1915.)
    Appeal and Error <@=>79 — Judgments Ap-pealable — Final Judgment.
    A record showing a judgment rendered against two of the parties defendant, but not showing what disposition was made as to the third party defendant, failed to show that there was a final judgment in the case, for want of which the appeal will be dismissed.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 484-493; Dec. Dig. <@=> 79.]
    Appeal from Nueces County Court; Walter F. Timón, Judge.
    Action by Weil Brothers against E. R. Kolp and others. Judgment for plaintiffs, and defendants appeal.
    Dismissed.
    H. M. Holden and E. B. Ward, both of Corpus Christi, for appellants. G. R. Scott, Boone & Pope, and Claude Lawrence, all of Corpus Christi, for appellees.
   FLY, C. J.

This is a suit instituted by ap-pellees against E. R. Kolp, D. C. Kolp, and the First State Bank of Corpus Christi, Tex., to recover damages in the sum of $859.50.. The damages were alleged to have accrued on account of the failure of appellants to ship to appellees certain seed of the quality and description ordered by them.

The record shows that a judgment was rendered against E. R. Kolp and D. C. Kolp, but fails to show what disposition of the case was made as to the First State Bank of Corpus Christi, and therefore fails to show that, there was a final judgment in the case. Roderigues v. Trevino, 54 Tex. 201; Railway v. Smith County, 58 Tex. 76; Whitaker v. Gee, 61 Tex. 217; Railway v. Scott, 78 Tex. 360, 14 S. W. 791; Williams v. Bell, 53 Tex. Civ. App. 474, 116 S. W. 837.

The appeal is dismissed for want of a final judgment.  