B & B PHARMACY & D., INC. v. LAKE AIR NAT. BANK OF WACO

No. 4836.

449 S.W.2d 340 (1969)

B & B PHARMACY AND DRUG, INC., James Roy Booth and Maurine Booth, v. LAKE AIR NATIONAL BANK OF WACO.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 22, 1970.


Attorney(s) appearing for the Case

Harold Clark, Waco, for appellants.

Beard & Kultgen, Thomas L. Cook, Waco, for appellee.


OPINION

HALL, Justice.

Appellee bank brought this action to recover the balance of a note secured by a deed of trust, after the bank had caused a trustee's sale and bought in the property. The appellants, B & B Pharmacy & Drug, Inc., Roy Booth and Maurine Booth, were co-makers of the note. The deed of trust was executed by B & B Pharmacy and Drug, Inc., owner of the realty. Roy Booth is "president and principal stockholder" of B & B.

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