HODGES v. STAR LUMBER & HARDWARE CO., INC.

No. 8660.

544 S.W.2d 185 (1976)

Harold HODGES, Appellant, v. STAR LUMBER & HARDWARE COMPANY, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

November 22, 1976.


Attorney(s) appearing for the Case

McWhorter, Cobb & Johnson (Jack P. Driskill), Lubbock, Kenneth A. Back, Amarillo, for appellant.

V. G. Kolius, Amarillo, for appellee.


ROBINSON, Justice.

In this suit for deficiency after sale under a deed of trust securing a promissory note, the trial court rendered judgment for plaintiff-holder which included attorney's fees of 10% of the amount due on the note at the time it was referred to the attorney for collection and before the sale under the deed of trust. Defendant-maker appeals. The judgment of the trial court is modified to allow recovery of attorney's fees only on the deficiency after...

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