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HUBACEK v. ENNIS STATE BANK

No. A-7311.

325 S.W.2d 124 (1959)

F. A. HUBACEK, Petitioner, v. ENNIS STATE BANK, Respondent.

Supreme Court of Texas.

Rehearing Denied July 8, 1959.

Attorney(s) appearing for the Case

Griffith & Lumpkins, Waxahachie, for petitioner.

Geo. P. Hines, Ennis, Ralph E. Hartman, Dallas, for respondent.

PER CURIAM.

The trial court judgment in this case awarded Ennis State Bank a recovery of $1,562.84 against Hubacek as the amount due the bank on certain notes, but offset against that recovery the sum of $912.43 found to be due Hubacek under the terms of an oral contract between the parties. Holding that the parol evidence rule precluded proof of the oral contract and that there was therefore no evidence to support the judgment in so far as it allowed the offset,...

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