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MOSSLER ACCEPTANCE COMPANY v. TIPS

No. 12956.

289 S.W.2d 295 (1956)

MOSSLER ACCEPTANCE COMPANY, Appellant, v. J. C. TIPS, III, d/b/a J. C. Tips Motor Company, Appellee.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied April 19, 1956.

Attorney(s) appearing for the Case

Painter, Painter & Cook and W. Lawrence Cook, Jr., Houston, for appellant.

Levert J. Able and Thomas J. Graham, Houston, for appellee.

GANNON, Justice.

Mossler Acceptance Company, which was defendant below, appeals from a money judgment against it in favor of appellee, J. C. Tips, III, plaintiff below, in amount of $11,028.80, plus $500 attorney's fees, interest and costs. Judgment followed a jury trial in which the single issue submitted to the jury was:

"What do you find from a preponderance of the evidence to be the present balance, if any, due and owing to J. C. Tips, III, from Mossler...

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