CORSICANA READY MIX v. TRINITY METROPLEX DIV.

No. 19329.

559 S.W.2d 423 (1977)

CORSICANA READY MIX, a partnership composed of Gilbert W. Sutherlin and Ernest Rylie, partners, Appellants, v. TRINITY METROPLEX DIVISION, GENERAL, PORTLAND, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

November 22, 1977.


Attorney(s) appearing for the Case

John T. Barrett, Jr., Beard & Kultgen, Waco, for appellants.

Stephen F. Fink, Thompson, Knight, Simmons & Bullion, Dallas, for appellee.


AKIN, Justice.

Appellant, Corsicana Ready Mix, appeals from a default judgment granted appellee, Trinity Metroplex. Appellee sued Corsicana Ready Mix, a partnership composed of Gilbert W. Sutherlin and Ernest Rylie, alleging a failure to pay for goods purchased on an open account. The individual partners, individually filed pleas of privilege and answers, but did not file an answer in the partnership name. Appellee argues that since suit was against the partnership...

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