Cicero Smith Lumber Company v. Gaston

DENTON, Chief Justice.

This is a suit on a note to recover a deficiency remaining after foreclosure on the real property securing the note. Cicero Smith Lumber Company, payee, sued Henry Gaston and wife as joint makers of the note for a deficiency and attorney’s fees. Trial was by jury and judgment was entered for the defendants upon the jury’s verdict.

Gaston, a carpenter and builder, and his wife executed a note and a combination materialmen’s lien contract and deed of trust on June IS, 1964 in the amount of $14,000.00. As contemplated by the lien document, Cicero Smith Lumber Company…