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MID-STATE HOMES, INC. v. JOHNSTON

No. 46585.

547 P.2d 1302 (1976)

MID-STATE HOMES, INC., and Jim Walter Corporation, Appellants, v. David J. JOHNSTON and Edith Johnston, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 13, 1976.

Attorney(s) appearing for the Case

Lawrence A.G. Johnson, Farmer, Woolsey, Flippo & Bailey, Tulsa, for appellants.

Stamper & Otis, Antlers, for appellees.

SIMMS, Justice:

Plaintiff, Mid-State Homes, Inc., (MidState) sued defendants David Johnston and Edith Johnston (David's former wife) to recover on a promissory note and to foreclose the real estate mortgage securing the note.

Defendants had entered into a building contract with the Jim Walter Corporation on May 14, 1965, for the construction of a "shell" house on their property in Atoka County. As security for payment...

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