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DITTBERNER v. BELL

No. 8821.

558 S.W.2d 527 (1977)

Walter DITTBERNER, Appellant, v. C. H. BELL and Monty C. Bell, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 28, 1977.

Attorney(s) appearing for the Case

Folley, Snodgrass & Calhoun, O. M. Calhoun, Amarillo, for appellant.

Gibson, Ochsner, Adkins, Harlan & Hankins, W. P. Sturdivant, Amarillo, for appellee C. H. Bell.

REYNOLDS, Justice.

The trial court rendered judgment for the payee-holder of a promissory note against a co-maker, adjudging that the co-maker take nothing in his actions based on fraud, either for recovery of monetary damages or in defense of liability on the note, or for judgment over against the other co-maker. On the appellate record, the co-maker waived a finding on an essential element of fraud that was not established...

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