CAVANESS v. GENERAL CORPORATION

No. 4992.

283 S.W.2d 33 (1955)

J. D. CAVANESS, Petitioner, v. GENERAL CORPORATION et al., Respondents.

Supreme Court of Texas.

Rehearing Denied November 9, 1955.


Attorney(s) appearing for the Case

Wm. Andress, Jr., Dallas, for petitioner.

Carrington, Gowan, Johnson, Walker & Bromberg, Wiley Johnson and John L. Hauer, Dallas, for respondents.


GARWOOD, Justice.

The single issue at the present stage of this litigation concerns the right of our petitioner, J. D. Cavaness, to maintain individually an action upon a written agreement made by him in the name of, and as purported president of, a purported corporation, called D-A-M Company, which has actually never existed either de jure or de facto.

The agreement, dated July 17, 1946, was a license of patent rights actually then and still...

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