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BORDEN v. TAPP

No. 3712.

333 S.W.2d 417 (1960)

Fred W. BORDEN et al., Appellants, v. Calvin TAPP, Appellee.

Court of Civil Appeals of Texas, Waco.

February 25, 1960.

Attorney(s) appearing for the Case

Anderson & Anderson, Cleburne, for Bordens.

J. E. Ferguson, Cleburne, for J. C. (Curt) Taylor.

H. Miller McPherson, Cleburne, for Haverkorn, Clay Bldg. and H. Williams.

R. A. Kilpatrick, Cleburne, for appellee.

TIREY, Justice.

On March 18, 1958, appellants, Borden and his wife, executed and delivered a Mechanic's Lien Contract to Robert N. Foster for the purpose of constructing a dwelling on their homestead tract. Contemporaneously therewith they executed and delivered a promissory note due 90 days after date, and bearing interest after maturity at the rate of 10% per annum, and providing for attorney's fees in certain contingencies, in the principal sum of $14,000. The...

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