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DARDEN v. HARRISON

No. B-4098.

511 S.W.2d 925 (1974)

D. M. DARDEN, Jr., Petitioner, v. Peggy Sames HARRISON, Respondent.

Supreme Court of Texas.

Rehearing Denied July 24, 1974.

Attorney(s) appearing for the Case

David G. Copeland and Sherman C. Stearns, Waco, for petitioner.

Clark, Fisher, Gorin, McDonald & Ragland, Leonard L. Gorin, Waco, for respondent.

McGEE, Justice.

This case involves suit on two promissory notes. The trial court gave judgment for Plaintiff Peggy Sames Harrison, representative of the payee, against D. M. Darden, the maker. The court of civil appeals affirmed. Tex.Civ.App., 495 S.W.2d 49. We reverse the judgments of the courts below.

We will refer to the parties by their roles in the trial court.

Frank B. Tirey, Jr., died in 1969. Thereafter,...

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