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ATHANS v. JONES

No. 15609.

277 S.W.2d 192 (1955)

James ATHANS, Appellant, v. Harlan Ray JONES et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

March 25, 1955.

Attorney(s) appearing for the Case

Ernest May, Fort Worth, for appellant.

Stone, Agerton, Parker & Kerr, and Walter E. Jordan, Fort Worth, for appellees.

BOYD, Justice.

Appellant James Athans appeals from a judgment dismissing as prematurely brought his suit for debt and foreclosure of a chattel mortgage lien.

In April, 1952, appellees Harlan Ray Jones and Paul Finley bought a cleaning and pressing business from Jack A. Hoote. They assumed Hoote's note payable to Riverside State Bank for $2,631.79, payable in monthly installments of $126.14, including interest, and executed to Hoote's order a note for $5,815...

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