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CHAPMAN v. FIRST-WICHITA NAT. BANK OF WICHITA FALLS

No. 16625.

392 S.W.2d 772 (1965)

N. S. CHAPMAN, d/b/a Chapman Dairy, Appellant, v. The FIRST-WICHITA NATIONAL BANK OF WICHITA FALLS et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 23, 1965.

Attorney(s) appearing for the Case

Humphrey, Gibson & Darden, and Lee Humphrey, Wichita Falls, for appellant.

Guy Rogers, Nelson, Montgomery & Robertson, and Allan D. Montgomery, Wichita Fails, for First-Wichita Natl. Bank of Wichita Falls.

Bagby & Ross, and Wm. L. Bagby, Arlington, for North Texas Producers Assn.

Eggers, Sherrill & Pace, William F. Smith and J. N. Sherrill, Jr., Wichita Falls, for Sam Gose.

MASSEY, Chief Justice.

On or about June 8, 1961, N. S. Chapman, finding himself in financial straits, entered into a contract with the First-Wichita National Bank of Wichita Falls. The objective thereof was to attempt an amicable solution of Chapman's financial difficulties with an amount recouped by the bank which it would be willing to receive in discharge of Chapman's obligations.

Not a matter of dispute is the fact that the bank did, thereafter on August...

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