Musterman v. Acme Engine Rebuilding Co.

COLEMAN, Justice.

This is a suit for debt based on a written contract and chattel mortgage with an alternate plea of an oral contract and chattel mortgage. The defendant and the surety on his replevy bond appeal.

The defendant denied under oath the ■execution of the note and chattel mortgage on which suit was brought. In response to the issues submitted, the jury found that Acme and Musterman entered into the written agreement as alleged on or about February 17, 1961 and also that they entered into an identical oral agreement on or about February 17, 1961. The jury found that the parties…