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WALTER E. HELLER AND CO. v. DA-JOR CONSTRUCTION CO.

No. 7147.

460 S.W.2d 266 (1970)

WALTER E. HELLER AND COMPANY, Appellant, v. DA-JOR CONSTRUCTION COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

November 19, 1970.

Attorney(s) appearing for the Case

Maroney & Cely, Lufkin, for appellant.

Renfrow, Zeleskey, Cornelius, Rogers & Berry, Lufkin, Baker, Botts, Shepherd & Coats, Houston, for appellee.

PARKER, Chief Judge.

Walter E. Heller and Company sued Da-Jor Construction Company for the balance due on a note dated November 5, 1962, executed by Da-Jor Construction Company as maker, payable to the order of Texas Tractor Company, secured by a chattel mortgage of even date, upon a bulldozer and a grader. Such note and chattel mortgage were assigned by Texas Tractor Company to Walter E. Heller and Company on November 8, 1962. Da-Jor Construction Company filed a...

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