SMULCER v. ROGERS

No. 15410.

256 S.W.2d 120 (1953)

SMULCER v. ROGERS et al.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 20, 1953.


Attorney(s) appearing for the Case

Jack Connell, of Wichita Falls, for appellant.

McDonald & Anderson and Nelson, Montgomery, Robertson & Sellers, all of Wichita Falls, for appellees.


RENFRO, Justice.

Suit was brought by appellant Smulcer, as plaintiff, against appellees Rogers and Harrison, as defendants, to recover the sum of $15,000 theretofore paid by appellant to appellees. By cross-action appellees claimed said money as liquidated damages, or, alternatively, as damages. From a judgment in favor of appellees on the cross-action, appellant prosecutes this appeal.

Appellant offered to buy a trucking business from appellees for the sum...

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