Wheeler v. Thomas

ANDERSON, Chief Justice.

Appellant, Ellis D. Wheeler, sued appel-lee, W. R. Thomas, as surety on a promissory note in the amount of $4,800. The principal on the note was appellee’s brother, Dan W. Thomas, who was outside the United States and could not be served with process. The suit was prosecuted against the surety alone, under authority of Article 1987, Vernon’s Ann.Civil Statutes. The note was given to secure performance of a lease contract between appellant and Dan W. Thomas, the lessee. The lease was for a term of five years, covered property in Port Arthur, Texas, that was referred to…