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TEXAS STATE BANK OF AUSTIN v. SHARP

No. 12074.

506 S.W.2d 761 (1974)

TEXAS STATE BANK OF AUSTIN, Appellant, v. Joe SHARP, a/k/a James J. Sharp, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 27, 1974.

Attorney(s) appearing for the Case

John Carl Stromberger, San Antonio, for appellant.

Louis Scott Wilkerson, Sneed, Vine, Wilkerson, Selman & Perry, Austin, for appellee.

O'QUINN, Justice.

Texas State Bank, the appellant, was substituted in district court as plaintiff in a suit brought originally by KDI Pace International, Inc., against Joe Sharp, the appellee, on a promissory note in the principal sum of $12,000, and for interest and attorney's fees. The Bank acquired the note through a trustee's sale of real and personal assets of KDI Pace International.

In April of 1969 Joe Sharp entered into negotiations with W. G. Tingley...

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