Willard v. Stewart Title Guaranty Co.

Benham, Presiding Justice.

Appellee filed suit against appellant and Coburn, alleging that they were liable as partners on a note executed by Coburn individually. The trial court granted appellant’s motion for summary judgment, holding that the note was not signed in a representative capacity. The Court of Appeals reversed, holding that since there was evidence that Coburn was acting on behalf of a partnership which included Willard, and that he was acting with Willard’s actual knowledge and consent in obtaining the note, Willard could be liable and summary judgment was improper. Stewart Title…