O. R. MITCHELL MOTORS, INC. v. JOE MAROTTA & SONS, INC.

No. 13930.

358 S.W.2d 741 (1962)

O. R. MITCHELL MOTORS, INC., Appellant, v. JOE MAROTTA & SONS, INC., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 5, 1962.


Attorney(s) appearing for the Case

Walter G. Lagerquist, Jr., San Antonio, for appellant.

Knopp & Berry, Mayo J. Galindo, San Antonio, for appellee.


POPE, Justice.

Joe Marotta & Sons, Inc., the purchaser of a vehicle, recovered a judgment on a verdict for $3,347.79 against O. R. Mitchell Motors, Inc., the seller, for its breach of contract to procure a credit life insurance policy on the life of Joe Marotta, Sr., in an amount sufficient to discharge plaintiff's debt in full upon his death. This is not a suit upon an insurance contract. Southland Life Insurance Company v. Statler, 139 Tex. 496, 163 S.W.2d 623...

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