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EAST TEXAS B. & T. CO. v. MID-SOUTH CONTRACTORS, INC.

No. 468.

451 S.W.2d 782 (1970)

EAST TEXAS BANK AND TRUST COMPANY, Appellant, v. MID-SOUTH CONTRACTORS, INC., Appellee.

Court of Civil Appeals of Texas, Tyler.

February 26, 1970.

Attorney(s) appearing for the Case

Smead, Roberts, Harbour, Smith, Harris, French & Parker, Earl Roberts, Jr., Longview, for appellant.

No brief filed for appellee.

MOORE, Justice.

Plaintiff, East Texas Bank and Trust Company, sued Defendant, Mid-South Contractors, Inc., alleging that Mid-South failed to pay the bank the sum of $4,737.00 owed Jack Brewer, d/b/a Brewer Tile Company upon a construction contract, as required by the terms of an assignment from Jack Brewer, assigning such amount to the bank to secure the payment of a $6,809.10 promissory note owed the bank. Appellee, Mid-South answered by a general denial and by sworn...

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