Hilton v. Musebeck Shoe Company, Inc.

PHILLIPS, Chief Justice.

Appellee Musebeck Shoe Company sued appellant on a sworn account. Appellant by a sworn answer stated that the goods and wares allegedly sold him were in fact sold to Hilton Foot-So-Port Shoes, Inc., a Texas Corporation chartered and existing during the period of time alleged by appel-lee, and still an existing corporation and further that appellant was not liable in the capacity in which he was sued nor liable in any other capacity.

By way of a special exception appellant directed the court’s attention to appellee’s original petition contending that the exhibit attached…