SCHWARZ v. STRAUS-FRANK COMPANY

No. 14272.

382 S.W.2d 176 (1964)

Richard F. SCHWARZ, Appellant, v. STRAUS-FRANK COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 2, 1964.


Attorney(s) appearing for the Case

Morriss, Morriss, Boatwright & Lewis, San Antonio, for appellant.

Lang, Byrd, Cross, Ladon & Oppenheimer, Stephen Lang, Neill Boldrick, Jr., San Antonio, for appellee.


POPE, Justice.

This is a suit on a note between the maker and payee. Plaintiff, Straus-Frank Company, sued and recovered judgment on a verdict against Richard F. Schwarz for an unpaid balance of $6,653, interest and attorney's fees. Defendant appealed and contends that his plea of want of consideration was not submitted to the jury, that he was entitled to an issue and finding on his defense that he made the note on condition that all payments would be made out of...

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