Becker v. Mollenauer

HALE, Justice. Appellant, a dealer in automobiles at Edinburg, Texas, traded a 1947 model Packard to appellee on January 9, 1948, for a 1938 model Oldsmobile, for $1600 in cash and for the additional sum of $295 evidenced by a promissory note to become due in 60 days, the payment of such note being secured by a chattel mortgage on the Packard. Default having been made in the payment of the note, appellant instituted this suit against appellee for recovery of the amount of principal, interest and attorneys' fees alleged to be due thereon, together with a foreclosure of the lien securing the payment thereof. Appellee defended against the suit and by way of cross-action sought damages, actual and exemplary, from appellant upon allegations that the execution of the note and the contract out of which it arose had been induced by certain fraudulent representations made by appellant to appellee.