Melvin Williams Const v. Salter

1 Citing case

  1. Schoellkopf v. Pledger

    739 S.W.2d 914 (Tex. App. 1987)   Cited 25 times
    Recognizing that stockholder may sue for violation of his own individual rights even though corporation may also have a claim

    E.g., Van Voorhies v. Hudson, 683 S.W.2d 809, 810-811 (Tex.App. — Houston [14th Dist.] 1984, writ ref'd n.r.e.) (failure to file verified denial of capacity waived complaint on appeal that defendant dealt with plaintiff's corporation, not plaintiff individually); Biggs v. Garrett, 651 S.W.2d 342, 343 (Tex.App. — El Paso 1983, no writ) (same holding as Van Voorhies ); Sam Kane Beef Processors, Inc. v. Manning, 601 S.W.2d 93, 94-95 (Tex.Civ.App. — Corpus Christi 1980, no writ) (failure to file verified denial of capacity waived complaint on appeal that owner of cause of action was a corporation and not individual plaintiff).E.g., Melvin Williams Constr., Inc. v. Salter, 703 S.W.2d 393, 396 (Tex.App. — Beaumont), rev'd per settlement agreement of parties, 713 S.W.2d 96 (Tex. 1986) (complaint that plaintiff not entitled to recover for damage to vehicle owned by his father not waived by failure to file verified denial of capacity); Carr v. Galvan, 650 S.W.2d 864, 869-870 (Tex.App. — San Antonio 1983, writ ref'd n.r.e.) (complaint that plaintiff not entitled to recover for damage to his wife's car, her separate property, not waived by failure to file verified denial of capacity, because plaintiff not suing in any representative capacity); Hamilton v. James A. Cushman Mfg. Co., 15 Tex. Civ. App. 338 [ 15 Tex. Civ. App. 338], 39 S.W. 641, 642 (1897, no writ) (complaint that account owed to corporation and not partnership not waived by failure to file verified denial of capacity).Compare Southwest Indus. Inv. Co. v. Berkeley House Investors, 695 S.W.2d 615, 617 (Tex.App. — Dallas 1985, writ ref'd n.r.e.) (complaint that defendant did not contract with partnership but with individuals who later f