WOOD v. SPRAY

No. 6641.

297 S.W.2d 872 (1957)

Bobbie WOOD, et vir, Appellants, v. Wendell H. SPRAY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

January 14, 1957.


Attorney(s) appearing for the Case

Rayford Ball and McWhorter, Cobb & Johnson, Lubbock, for appellants.

Clifford, Blanchard & Somers, Lubbock, for appellee.


NORTHCUTT, Justice.

This is a suit brought by appellants against appellee upon a promissory note made payable to Bobbie Wood and executed by Wendell H. Spray. Appellee admitted the execution and delivery of the note sued upon and claimed the right to open and close and rely upon his contentions of rescission and cancellation of the note. The trial court submitted the case to the jury upon two special issues as follows:

"Special Issue No. 1 "Do you...

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