Ennis State Bank v. Hubacek

HALE, Justice.

Appellant, Ennis State Bank, hereafter referred to as the Bank, brought this suit against F. A. Hubacek to recover personal judgment on five promissory notes, and to foreclose chattel mortgages securing the payment of such notes. Appellee is an automobile dealer in Ennis, and will sometimes be referred to as the Dealer. Hub-acek admitted liability for the entire amount sued for, but he sought by way of defense and counterclaim to defend against the suit on the ground that he had entered into an oral agreement with the Bank before any of the notes were executed, whereby he, as a…