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WHEELER v. THOMAS

No. 6246.

328 S.W.2d 891 (1959)

Ellis D. WHEELER, Appellant, v. W. R. THOMAS, Appellee.

Court of Civil Appeals of Texas, Beaumont.

On Motions for Rehearing October 22, 1959.

Second Motions for Rehearing Denied November 19, 1959.

Attorney(s) appearing for the Case

Adams & Browne, Beaumont, for appellant.

D. H. O'Fiel, Beaumont, for appellee.

ANDERSON, Chief Justice.

Appellant, Ellis D. Wheeler, sued appellee, W. R. Thomas, as surety on a promissory note in the amount of $4,800. The principal on the note was appellee's brother, Dan W. Thomas, who was outside the United States and could not be served with process. The suit was prosecuted against the surety alone, under authority of Article 1987, Vernon's Ann.Civil Statutes. The note was given to secure performance of a lease contract between appellant and...

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