NETHERLAND v. WITTNER

No. B2765.

624 S.W.2d 685 (1981)

B. E. NETHERLAND, Appellant, v. Van E. WITTNER, Successor Administrator, Appellee.

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

October 22, 1981.


Attorney(s) appearing for the Case

Sam J. Meador, Houston, for appellant.

Van E. Wittner, Houston, for appellee.

Before PAUL PRESSLER, MURPHY and ROBERTSON, JJ.


ROBERTSON, Justice.

Defendant appeals from the granting of plaintiff's motion for summary judgment. We reverse the trial court's judgment and remand.

In 1970, Freddie Cooper Lovejoy, now deceased, executed a promissory note payable to B. E. Netherland or order. The note states that the sum of four thousand dollars ($4,000) with interest at 7½% is payable in monthly installments of fifty dollars ($50.00) and that the interest is "included in the fifty...

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