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HARBOUR HEIGHTS DEVELOPMENT, INC. v. SEABACK

No. B2155.

596 S.W.2d 296 (1980)

HARBOUR HEIGHTS DEVELOPMENT, INC., Appellant, v. Harry SEABACK et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

March 5, 1980.

Attorney(s) appearing for the Case

Ross A. Sears, Houston, for appellant.

Donald R. Sallean, Houston, for appellees.

Before COULSON, SALAZAR and JUNELL, JJ.

SALAZAR, Justice.

This is an appeal from a summary judgment on a suit instituted by appellees Harry Seaback, Ronald B. Pruitt and Joe Schero to recover money damages for default on the payment of a promissory note executed by appellant Harbour Heights Development, Inc. We affirm.

Appellant affirmatively claimed the defenses of failure of consideration and fraudulent inducement. At the hearing on the motion for summary judgment on November 13, 1978, the trial...

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