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WILIE v. MONTGOMERY WARD & COMPANY

No. 3375.

291 S.W.2d 432 (1956)

W. D. WILIE et ux., Appellants, v. MONTGOMERY WARD & COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

May 24, 1956.

Attorney(s) appearing for the Case

T. R. Mears, Gatesville, for appellants.

Harry W. Flentge, Gatesville, for appellee.

TIREY, Justice.

This is an action for debt (originating in the Justice Court) against W. D. Wilie and wife, Lorene Wilie, grounded originally on written orders which plaintiff alleged constituted a special written contract between the parties. Plaintiff went to trial on its first amended original petition, and in Paragraph I we find:

"That on the dates hereinafter shown, the defendant, W. D. Wilie and wife, purchased merchandise from the plaintiff, either...

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