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KILGORE v. HIX

327 S.W.2d 474 (1959)

Lonnie S. KILGORE et al. v. Milton D. HIX et al.

Supreme Court of Tennessee.

Rehearing denied October 2, 1959.

Attorney(s) appearing for the Case

H. Keith Harber and Walter F. Emmons, Chattanooga, for appellants.

Gus A. Wood, Jr., Chattanooga, for Beneficial Finance Co. of Chattanooga.

Whitaker, Hall & Haynes, Chattanooga, for Manufacturers Acceptance Corp.

Dietzen, Graham & Dietzen, Chattanooga, for Milton D. Hix and Billy J. Hix, d/b/a Hix Motors, William Appel and Hal Heideman, appellees.

TOMLINSON, Justice.

Mr. and Mrs. Kilgore seek to rescind on the ground of alleged fraud a conditional sales contract of purchase of an automobile from Hix Brothers, and cancellation of purchase money notes, etc. From the action of the Chancellor in sustaining the demurrer of each defendant, Mr. and Mrs. Kilgore have appealed.

The bill alleges that two salesmen of Hix Motors Company, who are also named as defendants, represented to Mr. Kilgore that General...

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