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WARD v. FIRST STATE BANK

No. 9110.

605 S.W.2d 404 (1980)

W. M. WARD, Appellant, v. FIRST STATE BANK, Memphis, Texas, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 8, 1980.

Attorney(s) appearing for the Case

Richard D. Bird, Childress, for appellant.

Williams, Broughton & Forbis, John T. Forbis, Childress, for appellee.

COUNTISS, Justice.

This is an appeal from a judgment obtained by appellee First State Bank of Memphis, Texas, (hereafter "the bank") against appellant, W. M. Ward, (hereafter "Ward") for the balance due on a secured note co-signed by Ward. The issue is whether the bank is entitled to a deficiency judgment against Ward when the bank (1) failed to give Ward reasonable notice of the sale of the repossessed collateral securing the note and, (2) failed to obtain a fact...

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