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McDANIEL v. ROSE

No. 3356.

315 S.W.2d 368 (1958)

Mable McDANIEL et al., Appellants, v. D. L. ROSE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 18, 1958.

Attorney(s) appearing for the Case

McDaniel, Hunt & Fairchild, Center, Leon B. Douglas, State's Atty., Austin, for appellants.

W. W. Blanton, Odessa, Turner & Seaberry, Eastland, for appellee.

WALTER, Justice.

The judgment heretofore entered herein on May 30, 1958, is set aside and the original opinion withdrawn and this opinion will be substituted for the original.

This suit was filed by D. L. Rose against R. D. McDaniel to annul and terminate a contract executed by them on September 25, 1949. After the suit was filed R. D. McDaniel died intestate and his widow, Mable McDaniel, and his children, Dean McDaniel and Evelyn M. Stevens and her husband...

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