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SEARS v. CONTINENTAL BANK & TRUST CO.

No. 16803.

553 S.W.2d 394 (1977)

H. A. SEARS, Appellant, v. CONTINENTAL BANK AND TRUST COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 17, 1977.

Attorney(s) appearing for the Case

Van E. McFarland, Houston, for appellant.

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

COLEMAN, Chief Justice.

This is an appeal from a judgment based on an instructed verdict for the defendant in a suit for debt. We affirm.

H. A. Sears as plaintiff sued Continental Bank and Trust Company as defendant alleging that on August 29, 1966, the defendant took $431,305.11 out of plaintiff's general deposit account with defendant, and that defendant has refused to return the money. At the trial Mr. Sears introduced into the record a stipulation to the...

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