MILLS v. WITHERS

No. 15927.

483 S.W.2d 339 (1972)

Harold B. MILLS, Appellant, v. Philip A. WITHERS, Appellee.

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

June 22, 1972.


Attorney(s) appearing for the Case

William A. Petersen, Jr., Houston, Burford, Ryburn & Ford, Logan Ford and Spencer C. Relyea, III, Dallas, for appellant.

Malone, Murphy & Fenley and Paul C. Murphy, III, Houston, for appellee.


COLEMAN, Justice.

This is a stockholder's derivative action brought by appellee for the benefit of Builders Equity Corporation, a Texas corporation. After a jury trial judgment was entered against appellant in the amount of $1,859.24 as damages plus $2500.00 for attorney's fees. A motion for new trial was overruled after a remittitur in the sum of $1,150.00 was filed.

Plaintiff's Second Amended Petition alleged that appellant as an officer, director and/or...

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