Court of Appeals of Texas January 22, 1987, B14-86-524-CV (Higgins v. Smith)

OPINION

ELLIS, Justice.

This is an appeal by writ of error from a default judgment awarding Appellee damages for breach of an oral contract for a loan plus attorney’s fees. We reverse the judgment of the trial court and remand for a trial limited to the issue of damages.

Appellee, James Max Smith, alleged that he loaned Appellants, Richard Higgins and Stephen O.