COLEMAN v. AMMONS

No. 14483.

249 S.W.2d 1014 (1952)

COLEMAN v. AMMONS et ux.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 13, 1952.

Motion to Certify Overruled July 18, 1952.


Attorney(s) appearing for the Case

Saunders & Thurmond, Tyler, for appellant.

L. F. Sanders, Canton, for appellees.


CRAMER, Justice.

Appellees have filed a motion for rehearing attacking our original judgment herein reversing and rendering the cause for appellant. A majority is now of the opinion that our original judgment was not correct and that the motion for rehearing should be sustained.

Appellees' trial petition, omitting heading and prayer, was as follows:

"(1) That by fraud, misrepresentation and over persuasion, the defendant did on or about August 4,...

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