Waggoner v. Edwards (83 S.W.2d 386, 1935)

JACKSON, Justice.

The record discloses that appellees, by an amended petition, sought to recover against W. T. Waggoner, E. A. Compton, and A. B. Wharton, Jr., as directors and trustees of the original lessee, the Three D’s Products Distributors, Inc., damages which they allege were occasioned by breach of a certain rental contract, a copy of which was attached to and made a part of their petition. They also sued the Marathon Oil Company, Inc., for the breach of said contract, as assignee of said original lessee, a copy of which assignment was attached to and made a part of their petition.

Waggoner, Compton, and Wharton denied personal responsibility, asserted that if any liability existed it was limited to the assets of the Three D’s Products Distributors, Inc., a dissolved corporation, that came into their possession as trustees; pleaded the assignment to the Marathon Oil Company, and asked judgment against it for any sum that might be decreed against them as trustees.

The Marathon Oil Company answered by general denial, pleaded that as as-signee it assumed none of the obligations of the original lessee; that it paid the rental according to the lease contract so long as it occupied the premises; that on July 27, 1932, it transferred all its right and interest in the leasehold to T. D. Farley, who took possession; that it subsequently asserted no claim thereto and was not liable after such transfer for any rent accruing under the lease contract. A more extended statement, including excerpts from the lease contract an