Tomerlin v. Mittendorf

This is a companion case to the case of Tomerlin et al. v. Krause, decided by this court on November 6, 1925, and reported in 278 S. W. 501. With one exception, the issues are substantially the same as In that case, and the facts are substantially the same. Appellee, Mittendorf, sued on his own claim of $200, and as assignee of 12 other claims, aggregating $4,400. He alleged, as the basis of his suit, fraud by appellants and their agents in the sale to him and to his assignors of stock in the “United States Trust & Savings Bank, Unincorporated, of San Antonio, Texas.” It is uncontroverted…