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HICKS v. WRIGHT

No. 1055.

564 S.W.2d 785 (1978)

Dave HICKS et al., Appellants, v. John WRIGHT and Thomas C. Hart, Appellees.

Court of Civil Appeals of Texas, Tyler.

Motion for Rehearing Overruled March 30, 1978.

Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Karl Rubinstein, Stalcup, Johnson & Miller, Robert Blumenthal, William B. Dawson, Carrington, Coleman, Sloman, Johnson & Blumenthal, Randy Taylor, Dallas, for appellants.

David S. Kidder, William T. Hankinson, Thompson, Knight, Simmons & Bullion, Chandler Lloyd, Biggers, Lloyd, Biggers, Beasley & Amerine, Dallas, for appellees.

McKAY, Justice.

This is a suit to recover money paid by John Wright, appellee,1 to extinguish a debt on a promissory note signed by Mike Hicks, as payor, and Dave Hicks, as guarantor. Based on the jury's findings, the trial court entered judgment for appellee for actual damages in the amount of $70,380.47, an amount stipulated to by the parties, and exemplary damages totalling $100,000.00. The court also entered judgment for appellee in...

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