AMBERSON v. HORTON

No. 12490.

255 S.W.2d 580 (1953)

AMBERSON v. HORTON.

Court of Civil Appeals of Texas, San Antonio.

On Motion for Rehearing February 9, 1953.

Rehearing Denied March 11, 1953.


Attorney(s) appearing for the Case

Oliver & Peace, San Antonio, Sid L. Hardin, Edinburg, Edward W. Penshorn, San Antonio, for appellant.

Brewer, Matthews, Nowlin & Macfarlane, San Antonio, Ewers, Cox & Toothaker, McAllen, Clinton G. Brown, San Antonio, for appellee.


POPE, Justice.

Appellee, Jack Horton, sued appellant, Joe Amberson, for the recovery of one-half of the earnings from an alleged oral cattle partnership. A jury found that a partnership between the parties existed and that it earned a net profit of $110,930, one-half of which belonged to Horton. Appellant has appealed from the judgment of the court based on the jury findings.

The case presents several procedural points, some of which we shall not discuss....

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