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eBook details

• Title: Draper v. Lack
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 19, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

1 This appeal involves an action for recovery of the balance allegedly due on a promissory note, and for foreclosure of a chattel mortgage securing its payment, executed and delivered as part of a transaction in which plaintiff in error, hereinafter referred to as defendant, and his wife purchased from defendant in error, hereinafter referred to as plaintiff, certain fixtures and equipment located, and used, in a combination soda fountain, restaurant and sundry store, at 21 West Grand, Oklahoma City, originally known as "Lous Fountain." The purchase price balance, for which defendant executed the note was $2,500, which, plus interest at the rate of six percent per annum, was originally to have been paid at the rate of $100 each and every month. Soon after defendant and his wife started operating the business, however, he found that the fixtures were defective and that it would be necessary to purchase a replacement for the soda fountain, for which said purchase he borrowed some five or six hundred dollars from the City National Bank. Owing to these developments, defendants and plaintiffs original agreement was modified as evidenced by the following letter:

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