Van Zandt v. Fort Worth Press

RENFRO, Justice.

Appellees’ motion for rehearing is granted and our opinion of December 1, 1961, is hereby set aside.

The Fort Worth Press obtained judgment on sworn account against Roy J. Hyde, Herman F. Zimmer, and Sidney Van Zandt and wife, Lavora Van Zandt. The Van Zandts appeal.

Appellants were owners of the Van Zandt Place Addition. They contracted with Hyde to develop and promote the Addition and sell lots therein. They agreed to spend a reasonable amount for advertising. Hyde employed Zimmer on straight salary to prepare and place advertisements for the overall program. Hyde, through…