Wyatt v. NATIONAL CHEMSEARCH CORPORATION

OPINION

WILSON, Justice.

Summary judgment was rendered for plaintiff in his action against defendant on promissory notes. The record consists of pleadings and affidavits.

Defendant pleaded under oath that the notes were actually given as security for goods delivered to him by plaintiff on consignment, or alternatively, that “he was told that the instruments on which this suit is based were fully satisfied and that any action on them was released or waived”; that he had been told to keep the proceeds of sale of products he had tendered as payment on the notes to apply on his expenses; that he had…