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WOLFE v. SCHUSTER

No. 20072.

591 S.W.2d 926 (1979)

George F. WOLFE, Appellant, v. William SCHUSTER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 4, 1980.

Attorney(s) appearing for the Case

Robert Harms Bliss, Bliss & Hughes, Dallas, for appellant.

Jay M. Goltz, Dallas, for appellee.

Before GUITTARD, C. J., and CARVER and STOREY, JJ.

GUITTARD, Chief Justice.

In this declaratory judgment action, we must determine whether a justiciable controversy exists. If it does, we must construe the provisions of a promissory note allowing certain offsets against the note. This provision is alleged to be equivalent to a guaranty of the collection of sums payable to the maker from a third party as lessee under a commercial lease. The trial court dismissed the suit for lack of a justiciable controversy. We find...

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