McCall v. Texas Dragline Service Co.

MONTEITH, Chief Justice.

This action was brought by appellee, Texas Dragline Service Company, Inc., for the cancellation of five mortgages executed by appellee in favor of appellant, Sherwood P. McCall, doing business as McCall Tractor & Equipment Company, alleging the payment of the notes secured by the mortgages. Appellant answered admitting the payment of said notes, but alleged that the mortgages were also given to secure other indebtedness alleged to be due by appellee under a letter-agreement dated July 8, 1941, wherein appellee had obligated itself to pay appellant 7% of the gross…