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SMITH v. BALDWIN

No. B-8920.

611 S.W.2d 611 (1980)

Roland D. SMITH, Petitioner, v. Alan BALDWIN, d/b/a Alan Baldwin, Builder, Respondent.

Supreme Court of Texas.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Thomas E. Tiemann, Kirk Kuykendall, Austin, for petitioner.

Robinson, Felts, Starnes & Latting, James Meyers and Joseph H. Hart, C. Robert Dorsett, Austin, for respondent.

STEAKLEY, Justice.

On September 9, 1976, Alan Baldwin, d/b/a Alan Baldwin, Builder, contracted to build a house for Roland Smith. On the same day, Smith executed to Baldwin a promissory note for $31,300, payable within 180 days, Baldwin agreeing to pay all interim interest. Baldwin assigned the note to Mutual Savings Institution (Mutual) in order to obtain interim financing. The permanent financing was to be supplied by...

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