No. 77-3001.

614 F.2d 968 (1980)

Mary S. SMITH, Plaintiff-Appellee, v. Don CHAPMAN, d/b/a Don Chapman Motor Sales, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1980.

Attorney(s) appearing for the Case

William R. Travis, Austin, Tex., for defendant-appellant.

James G. Boyle, Austin, Tex., for plaintiff-appellee.

Before JONES, BROWN and RUBIN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

On October 8, 1974, the Appellee, Mary Smith (Smith), entered into a retail installment sales contract with the Appellant Don Chapman, d/b/a Don Chapman Motor Sales (Chapman), for the purchase of a 1969 Mercury. As part of the purchase agreement Smith carried insurance on the car. Several months after the purchase, the automobile was wrecked. The insurance proceeds paid off the sum still owed to Chapman and the amount representing Smith...


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