Legal Opinion

Derrick v. Smith

Court of Appeals of Texas

Decided March 27, 1912Published

Error from District Court, McLennan County; Marshall Surratt, Judge. Action by J. M. Smith against B. H. Derrick and another. There was a judgment for plaintiff, and defendant Derrick brings error.

1Opinion of the CourtRice, J.

R. E. Medford, on the 18th day of June, 1909, made, executed, and delivered his two certain promissory notes for the sum of $352 each, payable to the order of B. H. Derrick on the 18th day of June, 1910, and 1911, respectively, each bearing interest at the rate of 8 per cent, per annum, and providing for the payment of 10 per cent, attorney’s fees, and further providing that a failure to pay either of said notes, or interest thereon, when due, at the election of the holder, should mature either of them, both of which were secured by a vendor’s lien. J. M. Smith, defendant in error, brought…

2Cases cited3 opinions

  1. Luzenberg v. Bexar Building & Loan Ass'nCourt of Appeals of Texas · 1894
  2. Elliott v. WigginsTexas Supreme Court · 1856
  3. Seguin Milling & Power Co. v. GuinnCourt of Appeals of Texas · 1911

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