GONZALES v. PAN AMERICAN NAT. BANK

No. 05-84-00512-CV.

692 S.W.2d 111 (1985)

Gustavo E. GONZALES, Appellant, v. PAN AMERICAN NATIONAL BANK, Appellee.

Court of Appeals of Texas, Dallas.

April 11, 1985.


Attorney(s) appearing for the Case

Lawrence L. Mealer, Dallas, for appellant.

John W. Hicks, Jr., Turner, Hitchins, Webb, Hicks & Wilson, Dallas, for appellee.

Before SPARLING, GUILLOT and HOWELL, JJ.


HOWELL, Justice.

Gustavo E. Gonzales appeals from a deficiency judgment on a secured debt and contends through two points of error that the judgment against him cannot stand because he did not sign a document that allegedly effected a substitution of collateral, and that the bank failed to show that the alternate collateral was of equal value. We hold that both claims are in the nature of confession and avoidance and cannot be considered because they were never pleaded...

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