Court of Appeals of Texas April 4, 1973, No. 4632 (United States Fidelity & Guaranty Co. v. Republic National Bank of Dallas)

McCLOUD, Chief Justice.

Plaintiff, United States Fidelity & Guaranty Company, sued defendants, Republic National Bank of Dallas and Marion Bate-son Brown, Executors and Trustees of the J. W. Bateson Estate and various Bateson trusts, on a contract. Defendants moved for summary judgment and plaintiff moved for partial summary judgment as to liability.