LUCKY HOMES, INC. v. TARRANT SAVINGS ASS'N

No. 16523.

379 S.W.2d 386 (1964)

LUCKY HOMES, INC., et al., Appellants, v. TARRANT SAVINGS ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 5, 1964.


Attorney(s) appearing for the Case

McDonald, Sanders, Nichols, Wynn & Ginsburg, and Atwood McDonald, Fort Worth, for appellants.

Brown, Herman, Scott & Young, and A. J. Bryan, Fort Worth, for appellee.


MASSEY, Chief Justice.

In connection with the trial of this case we have reached the conclusion that there was error on the part of the trial court in failing and refusing to submit issues of fact to the jury to be resolved as prerequisites to the plaintiff's right to the judgment it obtained, because the right of the plaintiff to recover on its suit for debt deficiency (following foreclosure and sale of property on which a mortgage had been given as security) could...

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