MIZELL CONST. CO. & TRUCK LINE, INC. v. MACK TRUCKS, INC.

No. 13700.

345 S.W.2d 835 (1961)

MIZELL CONSTRUCTION COMPANY AND TRUCK LINE, INC., Appellant, v. MACK TRUCKS, INC., Appellee.

Court of Civil Appeals of Texas, Houston.

April 20, 1961.


Attorney(s) appearing for the Case

J. C. Zbranek, Liberty, for appellant.

John C. Ridley, Houston, for appellee.


WERLEIN, Justice.

This is an appeal from a summary judgment granted appellee, Mack Trucks, Inc., against appellant, Mizell Construction Company and Truck Line, Inc., for an alleged balance due on a series of eight promissory notes, numbered 1 to 8, inclusive, executed and delivered to appellee by appellant on April 25, 1958. Appellant asserts that the court erred in granting the summary judgment because there are fact issues in the case.

On February 13, 1959...

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