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ALLIED BLDG. CREDITS v. ELLIS

No. 3092.

258 S.W.2d 165 (1953)

ALLIED BLDG. CREDITS, Inc. v. ELLIS et ux.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 21, 1953.

Attorney(s) appearing for the Case

Ross, Banks & May, Houston, for appellant.

Shannon L. Morris, Baytown, for appellee.

McDONALD, Chief Justice.

This is a suit on a note, and arises out of the following facts: Ellis and wife, Appellees, entered into a contract with one Duffey for the purchase of a wall heater and an attic fan. On 30 Aug. 1950 Appellees executed an installment note payable to Duffey for $605. which was for the amount of the purchase, less down payment, plus finance charges. Duffey installed the fan but never delivered or installed the wall

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