DELANEY v. FIDELITY LEASE LIMITED

No. B-5118.

526 S.W.2d 543 (1975)

Neil G. DELANEY, Jr., et al., Petitioners, v. FIDELITY LEASE LIMITED et al., Respondents.

Supreme Court of Texas.

Rehearing Denied September 24, 1975.


Attorney(s) appearing for the Case

Kronzer, Abraham & Watkins, W. James Kronzer, Houston, Webb & Stokes, Tom Webb, Cain, Dorsey & Johnson, Donald P. Dorsey, Melvin N. Gray, San Angelo, for petitioners.

Edwards, Belk, Hunter & Kerr, Frank Hunter, Kemp, Smith, White, Duncan & Hammond, Joe Lea, Jr. and Jim Curtis, El Paso, for respondents.


DANIEL, Justice.

The question here is whether limited partners in a limited partnership become liable as general partners if they "take part in the control of the business" while acting as officers of a corporation which is the sole general partner of the limited partnership. The trial court, by summary judgment, held that under such circumstances the limited partners did not become liable as general partners. The court of civil appeals affirmed with a dissent and...

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