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STACK v. BOND

No. 11036.

364 S.W.2d 482 (1963)

Peter STACK, dba Texas Sales Engineering Company, Appellant, v. Marlin Q. BOND, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 13, 1963.

Attorney(s) appearing for the Case

Townes & Townes, Houston, for appellant.

Abney, Hammett & Lynch, Philip McConnell, Lampasas, for appellee.

ARCHER, Chief Justice.

This is an appeal from a judgment of the District Court in favor of appellee for $3,225.00, growing out of a suit filed by appellee against appellant to recover such amount as a refund of the down payment on a contract for the purchase of car wash equipment from appellant, for installation at Temple, Texas.

The purchase order contract contains the following provisions:

"In event Customer...

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