Rehearing En Banc, Denied, February 9, 1976.
HALL, Judge.
This is an action for rental allegedly due under a lease contract whereby plaintiff, Southwest Motor Leasing, Inc., leased to defendant, Matthews Lumber Company of Mansfield, Inc., a 1971 Cadillac automobile. The lease was negotiated by a third person, Jack Clothier, who delivered the leased vehicle to the lessee, received from the lessee an advance payment of rental, and failed to remit same to the...
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