Titlow v. Devine

PAUL PRESSLER, Justice.

This is an appeal from a recovery of $28,000 on a promissory note in a non-jury trial. Appellant brings nine points of error, all of which assert that the “trial court erred in entering judgment” as each finding had either “no evidence” or was “against the great weight and preponderance of the evidence.” Six of the points of error concern affirmative defenses where the burden of proof was on appellant. We reform the judgment and affirm.

In his first two points of error, appellant complains of the court’s failure to find an accord and satisfaction between the parties. The…