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A'S VENDING, INC. v. TEXAS BANK & TRUST CO. OF DALLAS

No. 5252.

497 S.W.2d 450 (1973)

A'S VENDING, INC., and Phil N. Weinberg, Appellants, v. TEXAS BANK AND TRUST COMPANY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 12, 1973.

Attorney(s) appearing for the Case

Walker, Bishop & Larimore, John R. Lively, Ft. Worth, for appellants.

Stigall, Maxfield & Collier, John F. Maxfield, Dallas, for appellee.

HALL, Justice.

Defendants, A's Vending, Inc., and Phil N. Weinberg, appeal from a summary judgment awarding plaintiff, Texas Bank and Trust Company of Dallas, 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 $26,791.73, and foreclosure of a security agreement securing the note. The defendants are co-makers of the note and plaintiff is payee therein.

The summary judgment record...

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