Wright v. Phillips

McNEILL, Justice.

This suit was instituted by appellee against appellants to recover a balance owing upon a certain installment promissory note, dated September 1, 1959, executed by appellants, payable to the order of appellee over a period of three years, and to foreclose a chattel mortgage securing said note on the property of a certain business known as East Texas Fence Company at Kilgore. An open account was also included in the action. Appellants’ sole defense to the action was that as the note and chattel mortgage were parts of a contract entered into by appellee as seller of said…