WINFREY v. LUTTRELL

No. 7842.

419 S.W.2d 406 (1967)

J. Wayne WINFREY, Appellant, v. Walter Dale LUTTRELL, Appellee.

Court of Civil Appeals of Texas, Texarkana.

September 26, 1967.


Attorney(s) appearing for the Case

William J. Adams, Dalton, Moore, Forde & Joiner, Dallas, for appellant.

Bill J. Stephens, Stephens & Stanton, Dallas, for appellee.


DAVIS, Justice.

A suit on a promissory note. Plaintiff-appellant alleged an anticipatory breach, or repudiation, of a note executed by defendant-appellee, dated February 17, 1966, payable on or before February 17, 1969, with interest payable semi-annually from date. The suit was filed November 10, 1966. There is no provision to accelerate the payment of the principal of the note; unless it would be at the will of appellee.

Appellee filed a general denial,...

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