East Texas Bank & Trust Co. v. Mid-South Contractors, Inc.

MOORE, Justice.

Plaintiff, East Texas Bank and Trust Company, sued Defendant, Mid-South Contractors, Inc., alleging that Mid-South failed to pay the bank the sum of $4,737.00 owed Jack Brewer, d/b/a Brewer Tile Company upon a construction contract, as required by the terms of an assignment from Jack Brewer, assigning such amount to the bank to secure the payment of a $6,-809.10 promissory note owed the bank. Appellee, Mid-South answered by a general denial and by sworn pleading alleging that Jack Brewer d/b/a Brewer Tile Company, defaulted, breached, and failed to perform the required services…