O'HARA v. HEXTER

No. 19800.

584 S.W.2d 310 (1979)

John G. O'HARA, Appellant, v. Louis J. HEXTER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 10, 1979.


Attorney(s) appearing for the Case

Clyde M. Marshall, Jr., Fort Worth, for appellant.

Wm. Andress, Jr., Dallas, for appellee.

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


HUMPHREYS, Justice.

Appellant, John G. O'Hara, appeals from a directed verdict. Louis J. Hexter had sued on an alleged $40,000 loan evidenced by a letter agreement and the First National Bank in Dallas became the substituted plaintiff upon Hexter's death. Many of appellant's twenty-one points of error are but shades of the other and the principal issue concerns the application in this case of Tex.Civ.Stat.Ann. art. 3716 (Vernon 1928), commonly called "The Dead Man...

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