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McKINNEY v. FLATO BROTHERS, INC.

No. 175.

397 S.W.2d 525 (1965)

James A. McKINNEY, Appellant, v. FLATO BROTHERS, INC., Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

December 16, 1965.

Attorney(s) appearing for the Case

John A. Waller, Corpus Christi, for appellant on appeal only.

Charles A. Bonniwell of Auforth & Bonniwell, Corpus Christi, for appellee.

GREEN, Chief Justice.

Appellee Flato Bros., Inc., filed suit against Merle Clapp and appellant James A. McKinney on the balance alleged to be owing on a promissory note executed by them on December 19, 1960. Service of citation was not had on Clapp, who did not appear or file any pleadings, and after a trial before the court without a jury, judgment was rendered for appellee against appellant in the sum of $3,194.30, plus attorney fees of $319.43, or a total of $3...

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