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MOORE VAN & STORAGE, INC. v. YELLOW MFG. ACCEPT. CORP.

No. 16103.

365 S.W.2d 229 (1963)

MOORE VAN & STORAGE, INC., Appellant, v. YELLOW MFG. ACCEPTANCE CORPORATION, Appellee.

Court of Civil Appeals of Texas, Dallas.

February 1, 1963.

Attorney(s) appearing for the Case

Dexter W. Scurlock, Fort Worth, for appellant.

Biggers, Baker, Lloyd & Carver, Spencer Carver, Dallas, for appellee.

WILLIAMS, Justice.

Yellow Manufacturing Acceptance Corporation brought this suit against Moore Van & Storage, Inc., seeking to recover balance due on a conditional sales contract and note given to secure the purchase price of a Chevrolet Tractor. Defendant Corporation answered, admitting plaintiff's cause of action, but seeking to offset same by cross action which contained alternative counts. Defendant alleged that plaintiff, pursuant to an option in the conditional...

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