The appellant was sued upon its contract to pay appellee to transport the goods of appellant’s employee. Summary judgment was entered for the appellee on the contract and no error is urged upon that issue.

Appellant claims error in the dismissal of a counterclaim brought in by the appellant for its employee who was not a party to the suit. No authority to prosecute the counterclaim in the behalf of the employee was alleged. The counterclaim was properly dismissed.

Affirmed.