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ROGERS v. J. I. CASE COMPANY

No. 3203.

272 S.W.2d 429 (1954)

J. H. ROGERS, Appellant, v. J. I. CASE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 18, 1954.

Attorney(s) appearing for the Case

Magus F. Smith, McAllen, W. H. Wren, Hamilton, for appellant.

Carrington, Gowan, Johnson & Walker, John L. Hauer, Dallas, Truman Roberts, Hico, for appellees.

McDONALD, Chief Justice.

This suit arose from the purchase of a hay baler by J. H. Rogers from Smith and Jones, dealers in farm implements. Rogers was dissatisfied with the hay baler and as plaintiff, sued both Smith and Jones, the dealers, and J. I. Case Company, the manufacturer, as defendants, for the purchase price of the baler, plus special damages. Rogers alleged that the baler was of no value whatsoever as a hay baler and further that the defendants, acting...

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