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WHITTENBURG v. WHITTINGTON

No. 1124.

523 S.W.2d 441 (1975)

Edward L. WHITTENBURG, Appellant, v. Lee WHITTINGTON et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 4, 1975.

Attorney(s) appearing for the Case

Lynn D. Seets, Joel W. Cook, Schlanger, Cook, Cohn & Mills, Houston, for appellant.

Herbert N. Lackshin, Tita, Lackshin & Nathan, Houston, for appellees.

CURTISS BROWN, Justice.

Lee Whittington and Braxton Thompson (appellees) instituted suit against Edward L. Whittenburg (Whittenburg or appellant) seeking certain proceeds from the sale of stock equitably owned by appellees and held in the name of appellant. Recovery was also sought for money expended by the appellees in the partial discharge of a promissory note which they had executed as an accommodation and for the benefit of appellant. Whittenburg claimed that...

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