Merit Clothing Co. v. Lees

HOBSON, Judge.

Plaintiffs-appellants, various shoe and clothing companies, appeal a final summary judgment, in chancery, entered in favor of defendants-appellees and appeal the denial of their motion for summary judgment and the dismissal of their cause with ■ prejudice.

On May 1, 1963, Ernest L. Troke, an appellee herein, sold a clothing store known as “The Haberdashery” to William Phillips for $12,000. Cash in the sum of $1,000 was paid down and a promissory note secured by a chattel mortgage was given for the balance. The chattel mortgage covered the store’s assets, including stock,…