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PRESIDENTIAL VILLAGE, LTD. v. LONE STAR GAS CO.

No. 19818.

585 S.W.2d 335 (1979)

PRESIDENTIAL VILLAGE, LTD., et al, Appellants, v. LONE STAR GAS COMPANY, a division of Ensearch Corporation, Appellee.

Court of Civil Appeals of Texas, Dallas.

July 11, 1979.

Attorney(s) appearing for the Case

Pat M. Reed, Dallas, for appellants.

C. Clint Adams, Dallas, for appellee.

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

CARVER, Justice.

Presidential Village, Ltd., Tri-State, Inc., and Nora S. Smith appeal from a summary judgment granted in favor of Lone Star Gas Company on a second lien note. Presidential, et al., admit that, in a written agreement with Lone Star, they assumed and became liable to pay the note (with the original makers specifically released) unless excused by the alleged fraud of the makers in the sale of an apartment project. We conclude that the alleged fraud of...

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