Hudnall v. Tyler Bank & Trust Co.

MOORE, Justice.

This is an appeal from a summary judgment. Appellee, Tyler Bank & Trust Company, hereinafter referred to as the “bank,” instituted suit against appellant, J. S. Hud-nall, seeking judgment on a promissory note dated February 9, 1967, in the principal sum and amount of $160,000.00, together with interest and attorney’s fees. Appellant, J. S. Hudnall, answered with a general denial; a sworn plea of failure of consideration; and a cross-action for damages alleging that the bank had breached its agreement to place the proceeds of the aforesaid note in a special account and had…