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HABERN v. COMMONWEALTH NATIONAL BANK OF DALLAS

No. 17816.

479 S.W.2d 99 (1972)

Calvin L. HABERN, Appellant, v. COMMONWEALTH NATIONAL BANK OF DALLAS, Texas, Appellee.

Court of Civil Appeals of Texas, Dallas.

March 16, 1972.

Attorney(s) appearing for the Case

Tom James, Stephen A. Coke, Blanchette, Shelton & James, Dallas, for appellant.

Rex R. Henger, Bergman & Hicks, Dallas, for appellee.

GUITTARD, Justice.

The question is whether legal conclusions under oath will support a summary judgment in the absence of objection in the trial court. We hold they will not.

Plaintiff Commonwealth National Bank of Dallas, Texas sued Applied Science, Inc., Sigma Systems Corporation and Calvin Habern on several notes. The petition alleges one note for $39,000 signed by Habern on behalf of Applied Science, two notes...

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