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TERRITO v. HARKEY

No. 3019.

249 S.W.2d 251 (1952)

TERRITO et al. v. HARKEY et al.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 5, 1952.

Attorney(s) appearing for the Case

J. C. Jacobs, Corsicana, for appellants.

Joe Simkins, Corsicana, John V. Dowdy, Sam H. Holland, Athens, for appellees.

TIREY, Justice.

C. E. Harkey and R. E. Frazier brought this suit against Louis Joe Territo and W. C. Warren for rescission of a contract of purchase of one Massey-Harris combine. In the alternative they ask for damages resulting from the breach of the contract of sale. The action was grounded on fraudulent representations. They also joined in the suit the First State Bank of Eustace, alleging that the bank had acquired a mortgage on the property securing a note given...

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