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MOZER v. GOOLSBEE

No. 3370.

293 S.W.2d 91 (1956)

Phillip C. MOZER et al., d/b/a Mozer Brothers, Appellants, v. G. W. GOOLSBEE and G. D. Barrett, Jr., d/b/a Goolsbee & Barrett, Appellees.

Court of Civil Appeals of Texas, Waco.

After Entry of Remittitur July 2, 1956.

Rehearing Denied July 19, 1956.

Attorney(s) appearing for the Case

Walstein Smith, Jr., McGregor & McGregor, Waco, for appellants.

W. C. Haley, Hubert Dunham, Waco, for appellees.

TIREY, Justice.

Appellants grounded their cause of action on conversion of 37 drums of poison which they alleged to be of the value of $5073.25 at the date they consigned the merchandise to appellees. Appellees denied the allegations against them and filed cross-action and cross-complaint against the appellants, and pertinent to this discussion averred that the 37 drums of poison sued for was an overshipment that appellants made to them, and that the merchandise was...

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