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WHITTEN v. ALLING & CORY COMPANY

No. 844.

526 S.W.2d 245 (1975)

Lindsay H. WHITTEN et al., Appellants, v. ALLING & CORY COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

July 17, 1975.

Attorney(s) appearing for the Case

Parnass & Hill, Larry S. Parnass, Irving, Dennis R. Croman, Dallas, for appellants.

Allen, Knuths, Bracken & Short, Tedford E. Kimbell, Dallas, for appellee.

MOORE, Justice.

Plaintiff-appellee, Alling & Cory Company, instituted suit against appellants, Lindsay H. Whitten and Harold D. Sewell, alleging a breach of a written surety agreement in which appellants guaranteed payment of the debts of Goodway, Inc., to the extent of $50,000.00 for goods and merchandise sold to Goodway, Inc. Appellants answered with a general denial and among other defenses set up a plea of failure...

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