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MID-STATE HOMES, INC. v. DONNELLY

No. 49631.

574 P.2d 1036 (1978)

MID-STATE HOMES, INC., a corporation, Appellant, v. Charles P. DONNELLY and Pricilla A. Donnelly, husband and wife, Appellees.

Supreme Court of Oklahoma.

February 7, 1978.

Attorney(s) appearing for the Case

Lawrence A.G. Johnson, Farmer, Woolsey, Tips & Gibson, Inc., Tulsa, for appellant.

Joe P. Robertson, Wagoner, for appellees.

LAVENDER, Vice Chief Justice:

The appellees, Charles P. and Pricilla M. Donnelly, husband and wife, (Donnellys) contracted with Jim Walter Homes, Inc. (builder) for the construction of a shell house on their real property. Principal part of the contract price was paid by the Donnellys executing a non-negotiable note, secured by a real estate mortgage, to the builder. The builder assigned the note and mortgage to Mid-State...

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