City of Arlington v. Wayland

OPINION

JOE SPURLOCK, II, Justice.

Appellant, City of Arlington, Texas, originally filed suit against appellee, Marcus Wayland, in January of 1978 for recovery of funds due under a promissory note. A judgment was rendered in favor of appellant in April of 1982, however, this judgment was set aside by the trial court and a new trial granted in July of 1982. In March of 1983, appellee filed a counterclaim against appellant. A trial to a jury, in the present case, commenced on October 31, 1983. Pursuant to the jury’s answer to special issues, the trial court rendered judgment that appellant take…