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RESOLUTION TRUST CORP. v. WHIPP

No. 2-91-281-CV.

846 S.W.2d 369 (1992)

RESOLUTION TRUST CORPORATION as Receiver For Mutual Savings & Loan Association, Appellant, v. Harry H. WHIPP, Appellee.

Court of Appeals of Texas, Fort Worth.

Opinion Modifying Judgment March 3, 1993.

Attorney(s) appearing for the Case

Decker, Jones, McMackin, McClane, Hall & Bates and Randy J. Hall, Michael W. Minton, Mark S. Dugan, Fort Worth (Brown, McCarroll & Oaks Hartline and Robert W. Dupuy, Darlene Byrne, Dallas, of counsel), for appellant.

Brown, Herman, Scott, Dean & Miles, L.L.P., and Dennis M. Conrad, Fort Worth, for appellee.

Before FARRIS, MEYERS and DAY, JJ.

OPINION

FARRIS, Justice.

Appellant, Resolution Trust Corporation (RTC), appeals from a judgment for appellee, Harry H. Whipp, in a deficiency suit. RTC complains the trial court erred: in admitting evidence of an alleged oral side agreement to release Whipp from the 1981 note; in submitting a jury question on Whipp's defenses; and in overruling its motion for judgment non obstante veredicto. We sustain RTC's first three points, reverse the trial court's...

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