FOSTEPCO CORP. v. UNIROYAL INC.

No. 5270.

497 S.W.2d 314 (1973)

FOSTEPCO CORPORATION et al., Appellants, v. UNIROYAL, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 12, 1973.


Attorney(s) appearing for the Case

Atwell, Malouf & Bynum (Dan M. Cain), Dallas, for appellants.

Ungerman, Hill, Ungerman & Angrist (Robert C. McGuire), Dallas, for appellee.


HALL, Justice.

Defendants, Fostepco Corporation, Edward Lee Hicks and Ruby Hicks, appeal from a summary judgment awarding plaintiff, Uniroyal, Inc., recovery on a past due note, including interest and ten percent attorney's fees provided for in the note, all in the total sum of $93,518. Defendants are co-makers of the note and plaintiff is payee therein.

The summary judgment record supports the ruling of the trial court unless, as asserted by defendants in...

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