CAPPS v. HUFF

No. 4213.

427 S.W.2d 121 (1968)

Jerry E. CAPPS, Appellant, v. Jimmy N. HUFF, Appellee.

Court of Civil Appeals of Texas, Eastland.

March 22, 1968.


Attorney(s) appearing for the Case

Waldie, McDowell & Colvin, Ronald R. Waldie, Dallas, for appellant.

C. A. Droby, Dallas, for appellee.


COLLINGS, Justice.

Jimmy N. Huff brought suit against Jerry E. Capps seeking to recover judgment for the balance due on a promissory note executed by defendant and payable to plaintiff in monthly installments. Defendant answered by a general denial and allegations of a new agreement between the parties for novation whereby defendant was released as a primary obligor on the note. The case was tried before the court without a jury and judgment was rendered in favor...

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