Kothmann v. Phipps

HALL, Justice.

Appellee, L. J. Phipps, sued appellant, Wesley Kothmann, on August 21, 1947 in the District Court of Clay County, Texas, on three promissory notes dated September 8, 1945, and for foreclosure of a chattel mortgage securing same, of even date therewith, two of said notes being in amounts of $350.00 each and one for $1475.00, each providing for ten per cent interest and ten per cent attorney’s fees, and were executed in part payment for personal property which appellee sold appellant.

Appellant answered by way of general denial and further pleading two specific payments, one of…