State Fidelity Mortgage Co. v. Varner

OPINION

LEVY, Justice.

The appellant, State Fidelity Mortgage Company, appeals the judgment of the trial court awarding it $90 as a deficiency judgment, with prejudgment and post-judgment interest, but denying appellant recovery as an assignee of the surety on a defaulted note.

Following a non-jury trial, the court filed findings of fact and conclusions of law, pursuant to the appellant’s request. In its findings of fact, the court determined that David Ford and the appellee, William L. Varner, were engaged in a business venture to sell propane gas; that Varner borrowed funds from the Commerce…