WHALEN v. WEAVER

No. 15636.

464 S.W.2d 176 (1970)

W. D. WHALEN et al., Appellants, v. H. J. WEAVER et al., Appellees.

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

Rehearing Denied March 4, 1971.


Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, B. J. Bradshaw, Larry D. Knippa, Houston, Kelley, Looney, McLean & Alexander, Ralph L. Alexander, Travis Hiester, Edinburg, for appellants.

Jim S. Phelps, Houston, for appellee H. J. Weaver.

William H. Scott, Jr., Houston, for appellees L. R. Garrett and Mausoleum Sales Company, Inc.


BELL, Chief Justice.

This suit was brought by H. J. Weaver against Mausoleum Sales Company, L. R. Garrett, W. D. Whalen, individually and doing business as Acme Finance Company, T. B. Weekly, Paul Wagner and Helen Spencer. Suit was on a promissory note in the amount of $12,000.00 payable to Weaver, executed by Sales Co. It was payable out of the realized profits of Sales Co. to be derived from the sale of crypts in a mausoleum that was to be constructed for the McAllen...

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