Temple Nat. Bank. v. Blackburn

GRAY, Justice.

This is the second appeal ■ of this cause, see Blackburn v. Temple National Bank, 216 S.W.2d 233, Er.Ref.N.R.E. Although the cause of action declared on by appellant is the same as on the former appeal, we here make a statement of all facts necessary for an understanding of the points here presented and decided.

On March 5, 1946, Roy Blackburn and wife executed their note for $10,864, payable to J. F. Hudson, or order, on or before 90 days after date, bearing interest from maturity at 6% per annum, providing for the usual contingent 10% attorney’s 'fee, and reciting it was given…