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BRITTON v. DOWELL, INC.

No. 5401.

237 F.2d 630 (1956)

W. R. BRITTON, Appellant, v. DOWELL, Inc., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

October 10, 1956.

Attorney(s) appearing for the Case

Lee R. West and Austin R. Deaton, Jr., Ada, Okl. (Orel Busby, and W. V. Stanfield, Ada, Okl., on the brief), for appellant.

W. D. Hart, Pauls Valley, Okl. (Solon W. Smith, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Plaintiff-appellee Dowell Inc. instituted this suit against defendant-appellant W. R. Britton to recover judgment for default in the payment of a promissory note executed and delivered to it by Britton.1 Judgment below was for the plaintiff and defendant now asserts, for the first time on appeal, that the judgment cannot stand because plaintiff neither alleged nor proved payment of the intangible personal property...

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