MAXWELL v. ESTATE OF BANKSTON

No. 7900.

433 S.W.2d 229 (1968)

Billy MAXWELL, Appellant, v. ESTATE of James M. BANKSTON, W. O. Bankston, Executor, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied October 29, 1968.


Attorney(s) appearing for the Case

Henry Stollenwerck, Biggers, Baker, Lloyd & Carver, Dallas, for appellant.

Charles O. Shields, Anderson, Henley, Shields, Bradford & Pritchard, Dallas, for appellee.


FANNING, Justice.

A summary judgment case. Appellant sued upon an oral agreement evidenced by a written memorandum. The written memorandum, on the letterhead of a firm of accountants, signed by one of its members, Ralph A. Rouse, C.P.A., and also signed by James M. Bankston, dated May 10, 1963, and addressed to appellant Billy Maxwell, reads in part as follows:

"Dear Mr. Maxwell:

"At the request of Mr. Bankston, I am writing this letter confirming...

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