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McDANIEL v. FAIRBANKS SCALES CO.

No. 3090.

268 S.W.2d 235 (1954)

McDANIEL et al. v. FAIRBANKS SCALES CO.

Court of Civil Appeals of Texas, Eastland.

May 7, 1954.

Attorney(s) appearing for the Case

Scarborough, Yates, Scarborough & Black, Abilene, for appellants.

McMahon, Springer, Smart & Walter, Abilene, for appellee.

GRISSOM, Chief Justice.

Abilene Livestock Auction Commission sued Fairbanks Scales Company for damages. Before the trial the plaintiff corporation was dissolved and all of its assets were acquired by Bob H. McDaniel and Craymer Reynolds, who were substituted as plaintiffs. Plaintiffs alleged that said auction company purchased from defendant a set of scales for the purpose of weighing livestock at said auction; that defendant represented that they built accurate scales...

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