LANG v. BASS

No. A-11227.

400 S.W.2d 317 (1966)

Donald R. LANG, Petitioner, v. Jack M. BASS, Jr., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 30, 1966.


Attorney(s) appearing for the Case

Gerald H. Fortney, Houston, for petitioner.

Bracewell, Reynolds & Patterson, Houston, William Key Wilde, Houston, David J. Nagle, Houston, for respondents.


PER CURIAM.

Petitioner, Donald R. Lang, went to trial upon pleadings which sought to hold Jack M. Bass, Jr., and others liable as guarantors on a promissory note, none of whom signed the note as maker, indorser, or guarantor. During trial, Lang amended his pleadings, abandoned the action on the note, and relied upon a suit in debt only. Lang, however, introduced the note in evidence as proof of the debt. All of the defendants were disclosed to plaintiff at the time...

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