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SHIP AHOY, INC. v. WHALEN

No. 13710.

347 S.W.2d 662 (1961)

SHIP AHOY, INC., Appellant, v. Gene WHALEN, Individually and d/b/a Gene Whalen & Company, Appellee.

Court of Civil Appeals of Texas, Houston.

June 1, 1961.

Attorney(s) appearing for the Case

Al L. Crystal, Houston, for appellant.

Franklin R. Navarro, B. Rice Aston, Houston, for appellee.

COLEMAN, Justice.

Gene Whalen, d/b/a Gene Whalen & Company, sued Ship Ahoy, a Texas corporation, and others, for debt. The case was tried to the court without a jury and resulted in a judgment for plaintiff against Ship Ahoy only.

Prior to this trial defendants had urged special exceptions which were sustained and the court entered an order as follows:

"It is accordingly ordered, adjudged and decreed that the Defendants' exceptions numbered in...

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