Foran v. Smith

W. O. MURRAY, Chief Justice.

This suit was instituted by Clinton E. Smith on December 10, 1945, in the 117th District Court of Nueces County, Texas, against Lester Foran and Rodney S. King, seeking to recover as follows:

First, against both of the defendants upon a certain promissory note in the principal sum of $1200, dated December 30, 1944, payable to Gulf Star Foundries (which was the trade name of Clinton E. Smith), due June 30, 1945, providing for interest and attorney’s fees, and signed by Lester Foran and Rodney S. King.

Second, against the defendant Lester For-an only, upon open account…