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KASPAR v. KELLER

No. 4994.

466 S.W.2d 326 (1971)

Henry N. KASPAR & Aetna Insurance Co., Appellants, v. Ridgell Jackson KELLER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 15, 1971.

Attorney(s) appearing for the Case

Bailey, Williams, Weber & Allums, James A. Williams, Akin, Steinberg & Stanford, Paul H. Stanford, Dallas, for appellants.

Saner, Jack, Sallinger & Nichols, Tim Kirk, Dallas, for appellee.

OPINION

WILSON, Justice.

This is a suit on a note and on a temporary injunction bond. Motions for summary judgment by appellee Keller against appellants Kaspar and Aetna Insurance Co. were sustained. We affirm in part, and in part reverse.

Kaspar executed an installment deed of trust note to Keller as part consideration for realty purchased under a contract of sale. Kaspar sued Keller for rescission of the contract of sale, recovery of a $75,000...

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