Payne v. Lucas

517 S.W.2d 602 (1974)

Tom PAYNE d/b/a Tom Payne Co., Appellant,

v.

Frank LUCAS d/b/a Auto Compressor & Clutch Exchange et al., Appellees.

No. 16356.

Court of Civil Appeals of Texas, Houston (1st Dist.).

October 24, 1974.

Rehearing Denied December 5, 1974.

Second Motion January 9, 1975.

Tipton & Bishop, George M. Bishop, Houston, for appellant.

Browne & Moore, John J. Browne, Houston, for appellees.

EVANS, Justice.

The underlying and controlling question in this case is whether a sole proprietor who incorporates his business without changing his company's name becomes individually liable, as a matter of…