OPINION
JAMES, Justice.
Appellee Jamieson Film Company sued Appellant Success Motivation Institute, Inc. (hereinafter called SMI) for a $94,746.10 balance of debt alleged due and interest from October 1, 1969, plus attorney's fees under Article 2226, Vernon's Ann.Tex.St., plus exemplary damages in amount of $50,000.00 and costs. Appellee-Plaintiff pitched his suit (Second Amended Original Petition) on the following alternative theories:
(1.) Upon...
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