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BEALL v. McCARTER

No. 2-84-186-CV.

685 S.W.2d 465 (1985)

Dennis BEALL, Appellant, v. Mark McCARTER, Individually and d/b/a Mark McCarter Insurance and Investments, Appellee.

Court of Appeals of Texas, Fort Worth.

February 20, 1985.

Attorney(s) appearing for the Case

True & McLain and James W. Reed and Frank E. McLain, Dallas, for appellant.

Ungerman, Hill, Angrist, Dolginoff & Vickers and Robert F. Jones, Jr., Fort Worth, for appellee.

Before FENDER, C.J., and BURDOCK and GRAY, JJ.

OPINION

GRAY, Justice.

This is an appeal from a judgment based on a suit originally filed on a sworn account but tried, by implied consent, as a contract matter.

We reform the judgment and affirm the trial court.

Appellant Beall had been an insurance salesman for appellee and operated as an independent contractor. Policies sold by appellant were turned over to appellee, and appellant would receive...

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