Supreme Court of Oklahoma February 24, 1976, 46585 (Mid-State Homes, Inc. v. Johnston)

SIMMS, Justice:

Plaintiff, Mid-State Homes, Inc., (Mid-State) sued defendants David Johnston and Edith Johnston (David’s former wife) to recover on a promissory note and to foreclose the real estate mortgage securing the note.

Defendants had entered into a building contract with the Jim Walter Corporation on May 14, 1965, for the construction of a “shell” house on their property in Atoka County.