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IRWIN v. BELK

No. 3386.

294 S.W.2d 426 (1956)

Joe IRWIN, Appellant, v. Marvin T. BELK et al., Appellees.

Court of Civil Appeals of Texas, Waco.

October 11, 1956.

Attorney(s) appearing for the Case

C. C. Renfro, Dallas, for appellant.

Sarah Daniels, Dallas, for appellees.

McDONALD, Chief Justice.

This is a summary judgment case. Parties will be referred to as in the Trial Court. Plaintiffs Belk and wife sued Joe Irwin and Joe Irwin Real Estate Company, defendants, to recover $840 paid on a contract to purchase 2 acres of land. Plaintiffs' pleading as here applicable is quoted:

"* * * * * *

"1. "That heretofore, to-wit: on or about the 1st day of January 1952, defendants purported to sell to plaintiffs a...

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