NEDOW v. NICHOLSON

No. 14391.

381 S.W.2d 723 (1964)

Betty NEDOW, Individually and as Independent Executrix of the Estate of Ben Nedow, Deceased, Appellant, v. C. E. NICHOLSON, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied September 10, 1964.


Attorney(s) appearing for the Case

J. Edwin Smith, Houston, Smith & Lehmann, Houston, of counsel, for appellant.

Fred Much, Houston, for appellee.


COLEMAN, Justice.

This is an appeal from a summary judgment in favor of the payee of a promissory note. Appellant contends that part of the consideration for the note was illegal, rendering the entire note unenforceable.

Appellee filed an affidavit in support of his motion for summary judgment. Appellant filed no affidavits and relies, to support her plea of illegality, on appellee's affidavit.

It is appellant's contention that appellee's affidavit...

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