Texas Court of Civil Appeals
493 S.W.2d 589 (1973)
Carl Nichols (defendant) executed a promissory note that was payable to Henry Seale (plaintiff). The text of the promissory note began with the words, “I, we or either of us.” On the signature line, Nichols’s name was typed under the name of his business, The Fashion Beauty Salon. Nichols signed under his typed name but did not designate himself as a corporate officer or agent of the business. Seale sued Nichols personally on the note and moved for summary judgment. In response, Nichols filed an affidavit stating that Nichols was the president of Mr. Carls Fashion, Inc. (Mr. Carls), a Texas corporation doing business as The Fashion Beauty Salon, and that Nichols had signed the promissory note in his capacity as the president of Mr. Carls, rather than in his personal capacity. The trial court entered summary judgment in favor of Seale. Nichols appealed.
Rule of Law
Holding and Reasoning (Guittard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.