THOMPSON v. REPUBLIC ACCEPTANCE CORP.

No. A-10568.

388 S.W.2d 404 (1965)

Robert H. THOMPSON, Jr., Petitioner, v. REPUBLIC ACCEPTANCE CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Denied April 7, 1965.


Attorney(s) appearing for the Case

Mauzy & Mauzy, Houston, for petitioner.

Leonard L. Franklin, Isaac D. White, Austin, Frank Y. Hill, Jr., Michael R. Gibson, San Antonio, for respondent.


PER CURIAM.

The opinion by the majority in the Court of Civil Appeals has correctly held that a promissory note payable "in Austin" is a contract in writing that is performable in Travis County, Texas. Republic Acceptance Corporation v. Thompson, 384 S.W.2d 792. The opinion is subject to the interpretation, however, that one who relies upon subdivision 5, Article 1995, Vernon's Ann.Civ.St., need not introduce into evidence the written...

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