Gaylord Container Division of Crown Zellerbach Corp. v. H. Rouw Co.

SMITH, Justice.

This appeal is from a summary judgment granted by the trial court which has been reversed by the Court of Civil Appeals. 385 S.W.2d 481. We reverse the judgment of the intermediate court and affirm that of the trial court.

The petitioner, hereinafter referred to as Gaylord, filed this suit against the respondent, hereinafter designated as Rouw, to recover the principal sum of $17,138.62, which sum is evidenced by Rouw’s promissory note dated July 24, 1962. The note recites upon its face that it was executed to “replace notes dated 8/20/56, 8/8/56 and 8/8/56” and that the renewal…