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SEARS v. CONTINENTAL BANK & TRUST CO.

No. B-6639.

562 S.W.2d 843 (1977)

H. A. SEARS, Petitioner, v. CONTINENTAL BANK AND TRUST COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied September 27, 1978.

Attorney(s) appearing for the Case

Van E. McFarland, Houston, Warren E. Burnett, Odessa, for petitioner.

Reynolds, Allen & Cook, Joe H. Reynolds, Houston, for respondent.

REAVLEY, Justice.

A depositor sued for a large sum which the bank "took" from his account. The pleadings suggest possible factual and legal issues, but the evidence leaves us virtually in the dark. The trial court directed a verdict against the depositor, and the Court of Civil Appeals affirmed. 553 S.W.2d 394. We remand the case for trial.

The statement of facts is quite brief. H. A. Sears presented a stipulation between...

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