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BENHAM v. SOUTHERN

No. 12319.

242 S.W.2d 682 (1951)

BENHAM v. SOUTHERN et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 17, 1951.

Attorney(s) appearing for the Case

Henry Lee Taylor, San Antonio, for appellant.

Biery, Biery & Brown, and Ralph E. Cadwallader, all of San Antonio, for appellee.

NORVELL, Justice.

This suit arose out of a transaction whereby appellees, Gayle H. Southern and Grace Southern purchased a Buick automobile from appellant, Claude G. Benham, doing business as the San Antonio Mortgage Company. The consideration paid for the Buick was a Ford automobile and the proceeds of a note executed by Mr. and Mrs. Southern and payable to the Union State Bank. It later developed that the Buick had been stolen and it was recovered from the Southerns...

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