Estes v. Bank of Commerce , 478 S.W.2d 558 ( 1972 )

ON MOTION FOR REHEARING

Perkins v. Crittenden, 462 S.W.2d 565 (Tex.Sup.Ct.1970) constitutes additional authority in support of our holding. In the light of the pleadings and the summary judgment proof in this case and the issues made thereby, we doubt that this case can be disposed of by summary judgment.

The motion for rehearing is overruled.