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PETREY v. JOHN F. BUCKNER & SONS

No. 3277.

280 S.W.2d 641 (1955)

H. PETREY, d/b/a Petrey & Sons, Appellant, v. JOHN F. BUCKNER & SONS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 29, 1955.

Attorney(s) appearing for the Case

Jerome H. Parker, Jr., Fort Worth, for appellant.

William Roy Anderson, Cleburne, for appellee.

HALE, Justice.

The parties will be referred to here as they were in the trial court. Plaintiff sued for damages on account of the alleged breach of a written contract. He set forth a verbatim copy of the contract in his trial petition. Defendant answered with a general denial, a plea that the contract sued upon was entered into as the result of a mutual mistake, that it did not contain the entire agreement of the parties...

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