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SMITH v. SMITH

No. 15189.

424 S.W.2d 244 (1968)

J. Howard SMITH, Appellant, v. J. Allen SMITH, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied February 8, 1968.

Attorney(s) appearing for the Case

White & Wallace, James P. Wallace, Houston, Hester & Toscano, Harlingen, for appellant.

Tom W. Foster, Houston; Talbert, Giessel, Barnett & Stone, Houston, of counsel, for appellee.

PEDEN, Justice.

This cause was brought by the appellee to recover $25,000.00 (less $1,250.00, returned to him as income) which he paid to his brother, the appellant, under circumstances which appellee asserts amount to a sale or an offer for sale of unregistered securities by an unregistered seller in violation of the Civil Liabilities Section of the Texas Securities Act, Article 581-33, Vernon's Ann.Civil Statutes. Appellant denies that he made a sale and contends...

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