H. ROUW COMPANY v. GAYLORD CONTAINER DIVISION

No. 88.

385 S.W.2d 481 (1964)

H. ROUW COMPANY, Appellant, v. GAYLORD CONTAINER DIVISION OF CROWN ZELLERBACH CORPORATION, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied December 31, 1964.


Attorney(s) appearing for the Case

Sid L. Hardin, Edinburg, for appellant.

J. W. Patterson, Jr., of Cox & Patterson, McAllen, for appellee.


GREEN, Chief Justice.

Appeal is from a summary judgment for appellee, plaintiff below, on a promissory note, which judgment also refused relief to appellant, defendant below, on its crossaction. we reverse and remand.

Appellee does not deny that a genuine issue of fact exists as to failure of consideration for the original indebtedness on open account. The question before us is whether, under the summary judgment "evidence", it is established as a matter of...

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