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STONE v. PITTS

No. 4322.

389 S.W.2d 601 (1965)

Gerald F. STONE, Appellant, v. Wesley Howard PITTS et al., Appellees.

Court of Civil Appeals of Texas, Waco.

March 18, 1965.

Attorney(s) appearing for the Case

Herbert Finkelstein, Houston, for appellant.

Aubrey H. Poole, Houston, for appellees.

WILSON, Justice.

Appellant Stone appeals from a take-nothing judgment in his suit as assignee against appellees on a $1500 mechanic's lien note in which he sought foreclosure of the lien. We reverse and remand.

Defendant Wesley Pitts' trial pleading contained no general denial, but pleaded failure of consideration generally; that Stone "had sufficient knowledge thereof to put him on notice to investigate"; and was...

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