Heathington v. Heathington Lumber Co.

NORTHCUTT, Justice.

The pleadings upon which plaintiff, appellant, Floyde Heathington, went to trial sought to establish himself as a partner in the lumber business in Muleshoe, Texas. The business was first named Heathington Cash Lumber Company and later changed to Heathington Lumber Company, Inc. He alleged the partnership was between himself and his older brother, Fairris Heath-ington, with the latter owning ⅜ interest and appellant a ½ interest. The lumber company having been incorporated in June of 1964, the suit was against the corporation, the surviving widow, Mrs. Hattie Faye…