WOLTERS VILLAGE MANAGE. CO. v. MERCHANTS & P. NAT. BANK

No. 15375.

223 F.2d 793 (1955)

WOLTERS VILLAGE MANAGEMENT COMPANY, Graybar Electric Company, and T. R. Barnard, Appellants, v. The MERCHANTS and PLANTERS NATIONAL BANK OF SHERMAN et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 25, 1955.


Attorney(s) appearing for the Case

Norman R. Crozier, Jr., Dallas, Tex., for Wolters Village Management Co.

David Wuntch, Dallas, Tex., Walter A. Cober, Grand Prairie, Tex., for T. R. Barnard.

Thompson, Knight, Wright & Simmons and Sam H. Boren, Dallas, Tex., for Graybar Electric Co., Inc.

Joe A. Keith, Sherman, Tex., Ralph F. Malone, Dallas, Tex., and Malone, Lipscomb & Seay, Dallas, Tex., and Keith & Kennedy, Sherman, Tex., of counsel, for The Merchants and Planters National Bank of Sherman.

William B. David, J. A. Gooch and Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., for Houston Fire and Casualty Ins. Co.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This many-sided case involves chiefly the effectiveness of a security arrangement in which a prime contractor promised a subcontractor to render payments by checks made out jointly to the subcontractor and his prospective creditor; whether the latter, after advancing money in reliance on the promise, was estopped by his conduct thereafter to complain of the obligor's failure to make out the checks jointly; and finally whether two mechanics'...

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