Fincher v. B & D Air Conditioning and Heating Co.

*511OPINION

PRICE, Assigned Former Justice.

The main question presented in this appeal is whether a partner in a Texas general partnership, although not named individually as a defendant in a petition, can be held individually liable because he was served with citation on behalf of the partnership.

The plaintiff in the trial court was a subcontractor who sued to collect for materials furnished to rehabilitate an apartment complex. The plaintiff sued the owners of the apartment, the original contractor, and the subcontractor with whom plaintiff had contracted.

The defendant subcontractor filed a cross…