Caprock Investment Corp. v. Elton Montgomery

Opinion filed July 8, 2010

In The

Eleventh Court of Appeals

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No. 11-08-00138-CV

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CAPROCK INVESTMENT CORP., Appellant

V

ELTON MONTGOMERY, Appellee

On Appeal from the 32nd District Court

Nolan County, Texas

Trial Court Cause No. 16,785

O P I N I O N O N M O T I O N F O R R E H E A R I N G

Elton Montgomery has filed in this court a motion for rehearing. We deny that motion, but write to clarify our previous opinion.

Montgomery first contends that we erroneously held that Montgomery cannot raise the defense of payment or seek credit for payments made. Our opinion is not to be construed to…