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DIAMOND v. BORENSTEIN

No. 5813.

410 S.W.2d 457 (1966)

David S. DIAMOND et al., Appellants, v. Allen BORENSTEIN et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied December 21, 1966.

Attorney(s) appearing for the Case

John G. Lay, Robert Kennedy, Paxson & Santiesteban, El Paso, for appellants.

Potash, Cameron, Bernat & Studdard, El Paso, for appellees.

OPINION

CLAYTON, Justice.

This is an appeal from a judgment on account and foreclosure of a deed of trust lien in favor of appellees Allen Borenstein, Josephine Borenstein, a feme sole, and Jarvis P. Freiden, against appellants David S. Diamond and wife, Marsha Kalmore Diamond, rendered by the court without the intervention of a jury. The cause of action grew out of an agreement by which appellees entered into the financing of an operation in which the Diamonds...

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