Magnolia Petroleum Co. v. McMillan, 9297.
| Decision Date | 17 February 1943 |
| Docket Number | No. 9297.,9297. |
| Parties | MAGNOLIA PETROLEUM CO. v. McMILLAN. |
| Court | Texas Court of Appeals |
Appeal from Tom Green County Court; John Davenport, Judge.
Action by the Magnolia Petroleum Company against A. W. McMillan to recover on a written contract, itemized and verified account, and debt evidenced by written instruments. From a judgment in favor of the defendant, the plaintiff appeals.
Judgment reversed, and judgment rendered for plaintiff.
Walace Hawkins, Earl A. Brown, and Chas. B. Wallace, all of Dallas, for appellant.
No briefs filed for appellee.
Appellant, Magnolia Petroleum Company, sued appellee, A. W. McMillan, upon a written contract, itemized and verified account, and a debt evidenced by written instruments for $431.64, which debt arose out of the use of appellant's "credit card" or "courtesy card" issued to and accepted by appellee. The trial without a jury upon an agreed statement of facts resulted in judgment for appellee; hence this appeal.
The agreed facts show that the credit or courtesy card was issued to and accepted by appellee on December 1, 1940. By it appellant extended appellee credit to purchase from appellant's authorized dealers in Texas and several other states and in Canada gasoline, oil, tires, tubes, and automobile accessories as sold to retail trade by such dealers. It named appellee, "A. W. McMillan, 39 N. Chadbourne, San Angelo, Texas," as holder, and provided as follows:
Appellee loaned the credit card to S. H. Clark and M. A. Carter, who made 26 purchases thereon from December 23, 1940, to January 30, 1941, being the first 26 items on the verified account, from various authorized dealers of appellant, which aggregated $46.57, and which appellee stipulated were for his use and benefit, and paid appellant that amount. During that period and until March 4, 1941, Clark and Carter made numerous other purchases on the credit card, which aggregated the $431.64 sued for herein. Each purchase was on a written sales ticket of the dealers, and showed the sales to "A. W. McMillan, 39 Chadbourne, San...
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