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BANNER DAIRIES v. GEERS

No. 5144.

292 S.W.2d 169 (1956)

BANNER DAIRIES, a Corporation, Appellant, v. Otis GEERS, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 29, 1956.

Attorney(s) appearing for the Case

McDonnell & Shafer, Raymond Stoker, Odessa, for appellant.

Mike R. Mason, Odessa, Stubbeman, McRae & Sealy, Tom Sealy, F. H. Pannill, Midland, for appellee.

HAMILTON, Chief Justice.

Otis Geers, Appellee herein, as plaintiff below sued Banner Dairies, a corporation, defendant below and appellant here, for breach of a written contract. Based upon verdict judgment was entered for Geers. From such judgment Banner Dairies appeal.

The contract which is the subject of the lawsuit is as follows:

"This contract made and entered into this 23rd day of July A.D. 1951, by and

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