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HENRY S. MILLER CO. v. TREO ENTERPRISES

No. B-8096.

585 S.W.2d 674 (1979)

HENRY S. MILLER COMPANY, Petitioner, v. TREO ENTERPRISES et al., Respondent.

Supreme Court of Texas.

July 25, 1979.

Attorney(s) appearing for the Case

Wynne & Jaffe, Harold Hoffman, Dallas, for petitioner.

Kasmir, Willingham & Krage, Ben L. Krage, Dallas, for respondent.

McGEE, Justice.

The Henry S. Miller Company brought this action against Treo Enterprises, Sidney S. Smiley, Richard C. Smiley and Leo T. Hyman (hereinafter Treo) to recover the sum of $11,250.00 due under a promissory note. Treo answered and also brought a counterclaim against Miller seeking cancellation of the note and the return of all monies paid thereunder. After a trial to a jury, the trial court rendered judgment that both sides take nothing. Miller appealed...

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