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ESTES v. BANK OF COMMERCE

No. 4526.

478 S.W.2d 558 (1972)

Johnnye Pat ESTES et al., Appellants, v. BANK OF COMMERCE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 25, 1972.

Attorney(s) appearing for the Case

Sayles & Garrett, Jack Sayles, Abilene, for appellants.

Schulz, Hanna & Burke, Bob Hanna, Jackson & Jackson, Randall C. Jackson, Abilene, for appellee.

WALTER, Justice.

Bank of Commerce recovered a partial summary judgment against Johnnye Pat Estes on a note for $30,435.90. The court thereafter heard evidence on the question of attorney's fees and entered a final judgment on September 2, 1971 from which judgment Johnnye Pat Estes has appealed.

The Bank went to its trial on its third amended original petition and made a motion for summary judgment on its first alternate pleading contained in paragraph ten...

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