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STUART v. BIRDWELL

No. 2994.

264 S.W.2d 452 (1954)

STUART et al. v. BIRDWELL.

Court of Civil Appeals of Texas, Eastland.

January 22, 1954.

Attorney(s) appearing for the Case

Turner & Seaberry, Eastland, for appellants.

Gross & Fitts, Mineral Wells, for appellee.

GRISSOM, Chief Justice.

Burton Stuart sued Emry Birdwell for the unpaid balance of the purchase price of cattle sold by Bean Robinson to Birdwell, which, Stuart alleged, had been assigned to him. Birdwell made Robinson a party and sued Stuart and Robinson, alleging they were partners in the sale of the cattle, for damages. A jury answered all issues in favor of Birdwell but the court rendered judgment notwithstanding a finding that Robinson and Stuart were partners...

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