Nichols v. Seale
Texas Court of Civil Appeals
493 S.W.2d 589 (1973)
- Written by Mary Pfotenhauer, JD
Facts
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
Issue
Holding and Reasoning (Guittard, J.)
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