Martin v. Taggart

311 S.W.2d 749, 1958 Tex. App. LEXIS 1886
CourtCourt of Appeals of Texas
DecidedFebruary 21, 1958
DocketNo. 3362
StatusPublished
Cited by1 cases

This text of 311 S.W.2d 749 (Martin v. Taggart) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Taggart, 311 S.W.2d 749, 1958 Tex. App. LEXIS 1886 (Tex. Ct. App. 1958).

Opinion

WALTER, Justice.

Virginia Taggart, individually and as executrix of the estate of her husband, R. D. Taggart, and Jack E. Lewis, Jr., filed suit against Paul C. Bryant, William Gaudette and Bud Martin on a contract dated April 15, 1955. This contract appears to be between R. D. Taggart Sign Co., R. D. Taggart owner, and Western Skies Hotel, customer. In substance, the contract obligated the owner to erect and maintain a sign on the building being used by the customer at Albany, Texas. The customer agreed to pay for the sign in monthly in[750]*750stallments. The contract obligated the customer to obtain permission from the owner of the building to erect the sign. Bud Martin was the owner of the building. The contract was signed as follows:

The plaintiffs pleaded that if the three defendants did not constitute a partnership then the contract signed by them was a joint obligation. The plaintiffs further pleaded that the manner in which Bud Martin had signed the contract had lead them to believe that he was executing it as a partner and as a co-maker and, by so doing, he was estopped to deny that he was in fact a partner or a co-maker of the contract.

■ Bud Martin answered by denying under oath that he was a partner with the other defendants under the assumed name of Western Skies Hotel. Martin also pleaded failure of consideration under oath, and that he was the owner of the building, and that he signed the contract only for the purpose of approving the installation of the sign.

The case was tried before the court without a jury and resulted in a judgment for the plaintiffs against Bud Martin for the sum of $2,002. The judgment recites that prior to the hearing the defendants Bryant and Gaudette were dismissed on plaintiffs’ motion.

Bud Martin has appealed and in his first points asserts that the court erred in his finding of fact number 9, that “There was also good consideration moving to the Defendant Bud Martin who as lessor of said building received the benefits of the sign that was erected and which was sold by him with his building at a later date”, for the reason there was no evidence to support such a finding. Another point asserts that said finding of fact is insufficient because the court makes no distinction between a co-maker and an accommodation maker. Appellant also asserts that the court’s conclusions of law that appellant became a co-maker and a joint obligor on the note and that there was consideration for the contract is incorrect because there was no evidence of consideration to support said conclusion of law. These points are overruled because the appellant testified the sign was on his building when he sold it to Mr. Mays, and his deed to Mays reveals that the appurtenances to the property passed to his grantee.

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Related

Kaufhold v. McIver
682 S.W.2d 660 (Court of Appeals of Texas, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
311 S.W.2d 749, 1958 Tex. App. LEXIS 1886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-taggart-texapp-1958.