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TALLEY v. NALLEY

No. 3266.

277 S.W.2d 739 (1955)

Clarence TALLEY, Appellant, v. J. R. NALLEY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 21, 1955.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin, Royal H. Brin, Jr., Dallas, for appellant.

Wm. Andress, Jr., Dallas, for appellee.

McDONALD, Chief Justice.

This is a suit growing out of the sale of an automobile. Parties will be referred to as in the trial court. The defendant, Talley Auto Company, sold the plaintiff, J. R. Nalley, a British made MG Roadster car, representing it to be a 1951 model. Plaintiff Nalley traded in a used car on the MG Roadster as the down payment and signed an installment note for the balance of the price. Thereafter, when the title certificate was issued on...

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