ZIMMERMAN v. FRANZHEIM

No. 15923.

483 S.W.2d 380 (1972)

S. Mort ZIMMERMAN et al., Appellants, v. Kenneth FRANZHEIM, II, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

June 22, 1972.


Attorney(s) appearing for the Case

Zimmerman & Zimmerman, Warren E. Zimmerman, Dallas, for appellants.

Vinson, Elkins, Searls & Smith, John B. Holstead, III, Houston, for appellee.


BELL, Chief Justice.

Appellee recovered a summary judgment against S. Mort Zimmerman, Capital Exchange Corporation and several other makers of two promissory notes. Only Zimmerman and Capital Exchange have appealed.

March 23, 1971, appellee filed suit on two notes. One note was for the principal sum of $325,000, bore interest at the rate of 9½ percent per annum and provided for 10% attorney's fees. It was to become due on demand and if no demand was made...

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