Thiess v. Dallas County State Bank

ON MOTION FOR REHEARING

McKAY, Justice.

We withdraw our earlier opinion delivered on January 24, 1978, and substitute this opinion in lieu thereof.

This is a summary judgment case in which the trial court granted the motion of appellee, The Dallas County State Bank, for *83summary judgment on a promissory note against appellant, George Thiess. The note was in the sum of $115,000.00, with an offset of $14,295.91 in certificates of deposit which were applied against the note by the bank. The note was signed by appellant as President of Electro Research, Inc. and by him individually.

In his amended…