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CARTER v. SOUTH TEXAS LUMBER COMPANY

No. 4191.

422 S.W.2d 951 (1967)

J. Frank CARTER et ux., Appellants, v. SOUTH TEXAS LUMBER COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

September 22, 1967.

Attorney(s) appearing for the Case

Dan Fergus, Wayne B. Ames, Abilene, for appellants.

Byrd, Shaw, Weeks, Calhoun & Bradshaw, William W. Bradshaw, Abilene, for appellees.

GRISSOM, Chief Justice.

J. Frank Carter and wife bought some lots in Abilene, intending to construct a dwelling thereon and make it their homestead. They made a contract with Love to build the house and, on October 5, 1964, executed and delivered a note payable to him or to his order for $9,000.00, due on or before one hundred and twenty days from date. It contained the following provisions:

"This note is given in payment for the construction of certain improvements...

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