Hughes v. Straus-Frank Co.

SMITH, Chief Justice.

Straus-Frank Company, a corporation, engaged in the wholesale mercantile business at San Antonio, brought this suit against O. L. McShan, J. B. McShan and S. W. Hughes, to recover the amount of a promissory note executed by the McShans on November 1, 1934. The corporation recovered against all three defendants, but Hughes alone has appealed.

It is undisputed that on June 27, 1932, Hughes, at the solicitation of O. L. Mc-Shan, executed and delivered to the latter, who in turn delivered to Straus-Frank Company, the following guaranty:

“Please sell to O. L. McShan, hereinafter…