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NIDAY v. NIDAY

No. C-1682.

643 S.W.2d 919 (1982)

John B. NIDAY, Jr., Petitioner, v. Ronnie D. NIDAY, Sr., Respondent.

Supreme Court of Texas.

Rehearing Denied February 2, 1983.

Attorney(s) appearing for the Case

Hoover, Cox & Shearer, Parx F. Shearer and James C. Kean, Houston, for petitioner.

Krist, Gunn, Weller, Neumann & Morrison, Richard Morrison, Houston, for respondent.

PER CURIAM.

This is a suit for breach of an oral contract between two brothers whereby John Niday, who operated a funeral home, promised Ronnie Niday that if Ronnie obtained his funeral director's license, John would transfer to him a share of the business. The question before us is whether the alleged agreement is unenforceable as violating the requirement of Tex.Bus. & Com. Code Ann. § 26.01 that contracts not...

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