Brook Mays Organ Co., Inc. v. Sondock

Motion for Rehearing

DIES, Chief Justice.

On motion for rehearing, plaintiffs vigorously argue that this court should have modified the judgment of the trial court so as to grant to Brook Mays Piano Company of Houston, a partnership, an effective judgment for the amount due to it * rather than allowing it to be set-off against defendants’ notes from the other four business entities involved herein. We agree.

The debt in question is one due solely to Brook Mays Piano Company of Houston, but this company is the only entity which did not owe defendants any money under the buy/sell agreements.

Under…