Bell v. Moody

CODY, Justice.

This is a suit by appellee against appellant for the unpaid balance on appellant’s note after there had been credited thereon the proceeds realized from a trustee’s foreclosure sale of certain real estate. Appellant’s defense was a plea of estoppel; that appellee, acting through J. B. Mills, who had either express, implied or apparent authority, agreed that if appellant would not attend the foreclosure sale, no deficiency judgment would be taken against him on the note, etc. Appellee filed a sworn denial of authority in J. B. Mills to make the alleged agreement. A detailed…