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LINCOLN v. POHLY

No. 7142.

325 S.W.2d 170 (1959)

J. V. LINCOLN, Appellant, v. Paul T. POHLY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied June 16, 1959.

Attorney(s) appearing for the Case

Kuntz & Alexander, Dallas, for appellant.

Speck, Johnson, Carlton & Alexander, Dean Carlton, Bob Johnson, Dallas, for appellee.

FANNING, Justice.

Paul T. Pohly sued J. V. Lincoln for damages for the failure of Lincoln to construct and complete a house sold by Lincoln to Pohly with good workmanship and good materials. The suit was based upon and tried upon three theories; i. e., (1) misrepresentations made by appellant's alleged agent Kaye before the purchase contract was executed on December 15, 1955; (2) misrepresentations of appellant Lincoln himself made before the conveyance of the property...

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