WELBORN v. KITCHEN-QUIP FINANCE CO.

No. 4254.

433 S.W.2d 724 (1968)

Byron WELBORN, Appellant, v. KITCHEN-QUIP FINANCE COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 15, 1968.


Attorney(s) appearing for the Case

D. Dalford Todd, Dallas, for appellant.

Weinberg & Sandoloski, Sandy M. Sandoloski, Dallas, for appellee.


GRISSOM, Chief Justice.

Byron Welborn sold merchandise for Colonial Products, Inc., taking notes for the purchase price which were secured by mortgages on the things he sold. He sold the installment contracts containing said notes and mortgages to Kitchen-Quip Finance, Inc., and guaranteed payment of the notes. Welborn's written contract with Kitchen-Quip contained his guaranty of payment and provided that upon breach of any warranty he would repurchase said instruments...

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