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WINTERS v. ARM REFINING CO., INC.

No. 13-91-231-CV.

830 S.W.2d 737 (1992)

Jack WINTERS, Individually, and Great Western Petroleum Company, Appellants, v. ARM REFINING COMPANY, INC., Enjet, Inc., and Red's Refinery, Inc., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled June 25, 1992.

Attorney(s) appearing for the Case

William E. Ryan, Houston, for appellants.

Lola L. Bonner, Rockport, for appellees.

Before DORSEY, SEERDEN and GILBERTO HINOJOSA, JJ.

OPINION

DORSEY, Justice.

This case involves the breach of a conditional sales contract to purchase commercial property and the foreclosure of a primary lien on that property. The debtor, Arm Refining Co., Inc., waived the 21 days' public posting of foreclosure notice prescribed by Texas statute. As a result, the primary lienholders, Red's Refinery and Enjet, Inc., posted notice for five days prior to the sale. In this nonjury case, the court granted judgment...

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