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SALT WATER RESOURCES v. KIRKPATRICK & O'DONNELL CONST. EQUIPMENT CO.

No. 05-84-01165-CV.

694 S.W.2d 122 (1985)

SALT WATER RESOURCES, Appellant, v. KIRKPATRICK & O'DONNELL CONSTRUCTION EQUIPMENT COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

May 7, 1985.

Attorney(s) appearing for the Case

S. Reese Rozzell, Rockport, for appellant.

Richard B. Seward, Farmersville, for appellee.

Before GUITTARD, C.J., and CARVER and STOREY, JJ.

GUITTARD, Chief Justice.

Kirkpatrick & O'Donnell Construction Equipment Company recovered a judgment by default against Salt Water Resources, Inc. in a suit on a promissory note. Defendant Salt Water filed a motion for new trial alleging "the meritorious defense of failure of consideration." Attached to the motion is an affidavit of defendant's president stating: "Further, no consideration was received, in whole or in part by Salt Water Resources, Inc." This statement...

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