NICHOLS v. SEALE

No. 17982.

493 S.W.2d 589 (1973)

Carl V. NICHOLS, d/b/a The Fashion Beauty Salon, Appellant, v. Henry L. SEALE, d/b/a Seale Enterprises, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 5, 1973.


Attorney(s) appearing for the Case

Bill C. Hunter, Timothy J. Vineyard, Hunter & Greenfield, Dallas, for appellant.

M. R. Irion, Irion, Cain, Magee & Davis, Dallas, for appellee.


ON MOTION FOR REHEARING

GUITTARD, Justice.

In this appeal from a summary judgment on a promissory note, the principal questions are (1) whether as between the original parties extrinsic evidence is admissible to show that the signer acted for a corporation rather than for himself, although the note does not show his representative capacity and contains only an assumed name under which the corporation was doing business, and (2) whether a statement in his...

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