LOE v. MURPHY

No. 20457.

611 S.W.2d 449 (1980)

Daniel Boyd LOE, Appellant, v. James Irwin MURPHY, III, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 18, 1980.


Attorney(s) appearing for the Case

Stephen C. Porter, McMullen & Porter, Dallas, for appellant.

Alan M. Glassman, Glassman & Solis, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.


ROBERTSON, Justice.

This is a suit on a note given by defendant Loe to plaintiff Murphy for the purchase of plaintiff's auto repair business. Plaintiff moved for summary judgment and defendant filed his answer to the motion, supported by an affidavit, asserting that the parties had a prior or contemporaneous oral agreement that plaintiff would not compete with defendant and that if such competition occurred, defendant's liability on the note would cease. His answer...

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