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GARZA v. MITCHELL

No. 1358.

607 S.W.2d 593 (1980)

Al GARZA, W. C. Garden Fresh, Inc., and Ralph Mitchell, Appellants, v. Troy MITCHELL and Lester Gilleland, Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

Moses Goldberg, Stephen Dittlinger, Southers & Lyons, San Antonio, James Ken Nunley, Dodson, Harpole & Nunley, Uvalde, for appellants.

Samuel D. McDaniel, McDaniel & Travis, Austin, Edward G. Vaughan, Kessler, Vaughan & Pennington, Uvalde, Emerson Banack, Jr., William T. Armstrong, III, Foster, Lewis, Langley, Gardner & Banack, San Antonio, for appellees.

McKAY, Justice.

Our opinion delivered July 24, 1980, is withdrawn and the following substituted therefor.

In 1959 Ralph and Troy Mitchell entered into a partnership for the purpose of conducting farming and ranching operations in Uvalde County, Texas. In 1972 the partnership was abandoned but without an accounting or distribution of the assets of the partnership which included land purchased in the name of the partnership. In December 1975, Troy Mitchell brought...

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