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HIGGINS v. SMITH

No. B14-86-524-CV.

722 S.W.2d 825 (1987)

Richard HIGGINS and Stephen O. Holleman, Appellants, v. James Max SMITH, Appellee.

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

January 22, 1987.

Attorney(s) appearing for the Case

Norwood J. Ruiz, Michael D. Miller, Galveston, for appellants.

Gerson D. Bloom, Galveston, for appellee.

Before PAUL PRESSLER, CANNON and ELLIS, JJ.

OPINION

ELLIS, Justice.

This is an appeal by writ of error from a default judgment awarding Appellee damages for breach of an oral contract for a loan plus attorney's fees. We reverse the judgment of the trial court and remand for a trial limited to the issue of damages.

Appellee, James Max Smith, alleged that he loaned Appellants, Richard Higgins and Stephen O. Holleman, five thousand five hundred dollars to help them keep their liquor store business...

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