Rau v. Modern Sales & Service, Inc.

KLINGEMAN, Justice.

This is an appeal from a judgment of the trial court in favor of the plaintiff, Modern Sales & Service, Inc., against the defendants, Edward H. Merrick, Jr., and Bill Rau, jointly and severally, in a suit on a promissory note signed by Edward H. Merrick, Jr., and Bill Rau, payable to its order. The trial court also held that defendant Rau was not entitled to recover on his cross-action against defendant Merrick. Trial was by the court without a jury. Defendant Merrick did not prosecute an appeal.

The material findings of fact filed by the trial court were: That Bill Rau was…