Nichols v. Seale

ON MOTION FOR REHEARING

GUITTARD, Justice.

In this appeal from a summary judgment on a promissory note, the principal questions are (1) whether as between the original parties extrinsic evidence is admissible to show that the signer acted for a corporation rather than for himself, although the note does not show his representative capacity and contains only an assumed name under which the corporation was doing business, and (2) whether a statement in his affidavit that he was acting on behalf of the corporation rather than for himself is competent summary judgment proof or an inadmissible…