Lucky Homes, Inc. v. Tarrant Savings Ass'n

MASSEY, Chief Justice.

In connection with the trial of this case we have reached the conclusion that there was error on the part of the trial court in failing and refusing to submit issues of fact to the jury to be resolved as prerequisites to the plaintiff’s right to the judgment it obtained, because the right of the plaintiff to recover on its suit for debt deficiency (following foreclosure and sale of property on which a mortgage had been given as security) could not be said to have been established as a matter of law.

In Casa Monte Company v. Ward, 1961 (Tex.Civ.App., Austin), 342 S.W.2d…