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CICERO SMITH LUMBER COMPANY v. GASTON

No. 7973.

447 S.W.2d 736 (1969)

CICERO SMITH LUMBER COMPANY, Appellant, v. Henry GASTON et ux., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied November 10, 1969.

Attorney(s) appearing for the Case

Key, Carr, Evans & Fouts and Ronald M. Yeager, Lubbock, for appellant.

Ray D. Anderson, Brownfield, for appellees.

DENTON, Chief Justice.

This is a suit on a note to recover a deficiency remaining after foreclosure on the real property securing the note. Cicero Smith Lumber Company, payee, sued Henry Gaston and wife as joint makers of the note for a deficiency and attorney's fees. Trial was by jury and judgment was entered for the defendants upon the jury's verdict.

Gaston, a carpenter and builder, and his wife executed a note and a combination materialmen's lien contract...

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