Heathington v. Heathington Lumber Company

CHAPMAN, Justice.

The pleadings upon which plaintiff-appellant Floyde Heathington went to trial sought to establish himself as a partner in the lumberyard business in Muleshoe, Texas. The business was first named Heath-ington Cash Lumber Company and later changed to Heathington Lumber Company. He' alleged the partnership was between himself and his older brother, Fairris Heathington, with the latter owning a 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 Heathington,…