JOHNSON v. SMITH

No. C14-84-524-CV.

697 S.W.2d 625 (1985)

Eric JOHNSON, Appellant, v. Lloyd Hilton SMITH, Independent Executor of the Estate of Reginald J.C. Hamilton, deceased, Appellee.

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

Rehearing Denied July 25, 1985.


Attorney(s) appearing for the Case

James F. Tyson, Law Offices of Michael J. Smith, Houston, for appellant.

Carla Powers Dykes, of Chamberlain, Hrdlicka, White, Johnson & Williams, Houston, for appellee.

Before JUNELL, ROBERTSON and CANNON, JJ.


OPINION

CANNON, Justice.

This appeal originates in a lawsuit brought on behalf of the estate of Reginald J.C. Hamilton to recover amounts due under a promissory note payable to him by appellant Eric Johnson. Appellant discontinued payments after Hamilton's death, believing his liability to be extinguished by a "death clause" contained in the note. Appellee sued alleging various instances of fraud, and a lengthy jury trial followed. Based on the jury's answers...

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