JANAK v. FEDERAL DEPOSIT INS. CORP.

No. 17455.

586 S.W.2d 902 (1979)

Evelyn D. JANAK, Guardian of the Estate of Victor J. Janak, N.C.H., Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for Sharpstown State Bank, Houston, Texas, Appellee.

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

June 21, 1979.


Attorney(s) appearing for the Case

Tom M. White, Charles L. B. Aycock, Houston, for appellant.

Baker & Botts, Ray H. Berk, Houston, for appellee.

Before COLEMAN, C. J., and PEDEN and DOYLE, JJ.


COLEMAN, Chief Justice.

This is an appeal from a summary judgment rendered in favor of the Federal Deposit Insurance Corporation in a suit filed for the purpose of enforcing an agreement to settle a different lawsuit which the parties later discovered had been dismissed for want of prosecution. The judgment will be reversed.

In 1973, the Corporation filed suit against the guardian to recover on a promissory note executed by Janak payable to the Sharpstown...

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