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BRUNNER v. SMITH

No. 6128.

467 S.W.2d 565 (1971)

Ross BRUNNER, Appellant, v. John E. SMITH, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 2, 1971.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy, Laughlin & Browder, Midland, of counsel, Rush Moody, Jr., Midland, for appellant.

Kerr, Fitz-Gerald & Kerr, Midland, of counsel, L. Lloyd MacDonald, Midland, Watkins, Ryan & Hamilton, Anthony Hamilton, Houston, for appellee.

OPINION

PRESLAR, Justice.

This is a suit on a promissory note brought by the assignee of the payee against the two makers thereof. Summary Judgment was rendered against both makers after one, Newton Steele confessed judgment, and the other, Ross Brunner, contested the motion for Summary Judgment of the assignee-holder, John E. Smith. Brunner appeals. We affirm.

Steele and Brunner executed the note in the principal amount of $11,238.24, payable to...

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