PER CURIAM.
The trial court entered summary judgment in favor of C.H. Gurley, appellee herein, in a suit on a note whereby Gurley claimed the appellant was indebted to him. After the issues were framed Gurley filed a motion for summary judgment, attaching his affidavit to the effect that the appellant was indebted to him in a specific amount.
Subsequently appellant deposed Gurley and Gurley admitted that the money due on the note was not owed to him but was...
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