HILTON v. MUSEBECK SHOE COMPANY, INC.

No. 12099.

505 S.W.2d 341 (1974)

J. C. HILTON, Appellant, v. MUSEBECK SHOE COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 20, 1974.


Attorney(s) appearing for the Case

Douglass D. Hearne, Stayton, Maloney, Black, Hearne & Babb, Mert Starnes, Robinson, Felts, Starnes & Nations, Austin, for appellant.

John F. Morehead, Small, Craig & Werkenthin, Austin, for appellee.


PHILLIPS, Chief Justice.

Appellee Musebeck Shoe Company sued appellant on a sworn account. Appellant by a sworn answer stated that the goods and wares allegedly sold him were in fact sold to Hilton Foot-So-Port Shoes, Inc., a Texas Corporation chartered and existing during the period of time alleged by appellee, and still an existing corporation and further that appellant was not liable in the capacity in which he was sued nor liable in any other capacity.

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