Custom Leasing, Inc. v. Texas Bank & Trust Co. of Dallas

DENTON, Justice.

Custom Leasing Inc. brought this suit against Texas Bank and Trust Company of Dallas to recover monies alleged to have been paid by Custom either by mutual mistake or through false representation for release of a chattel mortgage. The trial court rendered judgment for the plaintiff based on a jury verdict, and the court of civil appeals reversed and rendered. 470 S.W.2d 123. We reverse the judgment of the court of civil appeals and remand the cause to that court for further consideration.

In April, 1963, James E. Lyles sought to secure a loan of some $20,000 from Texas Bank &…