OPINION
COLLINS, Justice.
This appeal is from a judgment entered by the court below in which three cases were consolidated for trial. We conclude the judgment to be in error, reverse it and remand the consolidated actions for a new trial in accordance with this decision.
The three cases below are:
Case No. A 15523 a suit by Harold C. Springston against Fortune Operating Co., Inc. for $35,000, the balance due upon a promissory note;
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