Winters v. Arm Refining Co., Inc.

OPINION

DORSEY, Justice.

This case involves the breach of a conditional sales contract to purchase commercial property and the foreclosure of a primary lien on that property. The debtor, Arm Refining Co., Inc., waived the 21 days’ public posting of foreclosure notice prescribed by Texas statute. As a result, the primary lienholders, Red’s Refinery and Enjet, Inc., posted notice for five days prior to the sale. In this nonjury case, the court granted judgment in favor of Red’s and Enjet 1 , appellees 2 , holding that Arm’s waiver of notice, and the five-day notice given, were proper, and that…