Grass v. Straus-Frank Co.

DAVIS, Justice.

The factual background of this case is very similar to that as stated in the opinion of this court on this date in the case of Carter v. Straus-Frank Co., 297 S.W.2d 195. The contractor (mortgagor) and the original mortgagee of a year-round air conditioning system are the same as in the Carter case.

The principle of law is the same. There is one other point in this case, which we did not have in the prior case, and that is, the deed of trust executed by appellants Grass and wife, to the mortgage company was executed one day prior to the date the chattel mortgage of Straus-Frank…