WHISENHUNT v. BATES

No. 8952.

626 S.W.2d 553 (1981)

Joe D. WHISENHUNT, Appellant, v. James R. BATES, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied December 15, 1981.


Attorney(s) appearing for the Case

G. Leory Street, D. Ronald Reneker, Geary, Stahl & Spencer, Dallas, for appellant.

Rick J. W. Graham, Gary E. Smith, Graham & Bright, Dallas, for appellee.


CORNELIUS, Chief Justice.

Joe Whisenhunt sued James Bates to collect a promissory note. Bates filed a counterclaim seeking damages for fraudulent representations allegedly made by Whisenhunt in connection with the execution of the note ancillary to a sale of land. Whisenhunt obtained a default judgment originally, but the trial court set it aside on motion of Bates and later the entire case was tried to a jury. The jury...

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