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MISCHER v. BURKE

No. 15619.

456 S.W.2d 550 (1970)

Walter M. MISCHER, Trustee, Appellant, v. Jack BURKE, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 16, 1970.

Attorney(s) appearing for the Case

Urban, Coolidge, Pennington & Scott, Bryan W. Scott, Houston, for appellant.

John L. McConn, Jr., Howard L. Nations, Houston, for appellees; Butler, Binion, Rice, Cook & Knapp, Houston, of counsel.

PEDEN, Justice.

Suit brought by Walter Mischer, trustee, as payee, against Truett Peachey, the maker of a promissory note and against Westview Utilities, Inc., and its former directors on a purported assignment by Peachey of twenty-five shares of Westview stock. The defendants answered that the shares of stock gave notice of a stock purchase option set forth in section 19 of Westview's by-laws and that there had been no compliance with its provisions, so Mischer had...

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