OLIVER, WHEELER, THOMAS COMPANY v. BOON

No. 5-627.

276 S.W.2d 417 (1955)

OLIVER, WHEELER, THOMAS COMPANY, Inc., et al., Appellants, v. H. L. BOON, Administrator, et al. Appellees.

Supreme Court of Arkansas.

March 21, 1955.


Attorney(s) appearing for the Case

Nance & Nance, West Memphis, for appellants.

Goldstein & Smith, West Memphis, for appellees.


GEORGE ROSE SMITH, Justice.

This is a suit brought by the Oliver, Wheeler, Thomas Company, and its trustee, to foreclose a deed of trust securing a promissory note for $430. The defense is that the note represented part of the purchase price of a tractor, that the tractor was repossessed by the creditor, and that the act of repossession canceled the debt. Upon the pleadings and a stipulation of fact the chancellor sustained this defense and entered a decree by which...

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