J. I. Case Co. v. Fry

STOKES, Justice.

On July 24, 1934, appellee, O. W. Fry, purchased a farm tractor from appellant, giving in part payment therefor two notes, one in the sum of $398, due December 1, 1934, and one in the sum of $399, due July 1, 1935. The notes were payable to Wilson & Sons Lumber Company, the local dealer at Floydada, provided for interest at seven per cent per annum, were assigned by the payee to appellant, and were secured by a chattel mortgage on the tractor. The $398, note was paid by appellee and, at his request, the second note was extended, ap-pellee giving an additional chattel mortgage…