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HUDNALL v. TYLER BANK AND TRUST COMPANY

No. B-1961.

458 S.W.2d 183 (1970)

J. S. HUDNALL, Petitioner, v. TYLER BANK AND TRUST COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied October 7, 1970.

Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney & Neely, Eugene M. Locke and Stephen H. Philbin, II, Dallas, for petitioner.

Lawrence & Lawrence, F. Lee Lawrence, Tyler, for respondent.

CALVERT, Chief Justice.

Tyler Bank and Trust Company obtained a summary judgment against J. S. Hudnall in this suit on Hudnall's promissory note executed in favor of the bank. Hudnall appealed, and the Tyler Court of Civil Appeals affirmed. 448 S.W.2d 503. We reverse and remand.

Hudnall responded to the bank's suit with a general denial, a plea of failure of consideration, and...

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