MILNER v. BOSWELL

No. 16500.

377 S.W.2d 763 (1964)

Ray MILNER, Appellant, v. Fred BOSWELL, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 24, 1964.


Attorney(s) appearing for the Case

Wade, Davis, Callaway & Marshall and Clyde M. Marshall, Jr., Fort Worth, for appellant.

Byrom, Wright, Butcher & Prager and Don Prager, Fort Worth, for appellee.


MASSEY, Chief Justice.

Construably, the pleadings of the plaintiff, Fred Boswell, sought total recission of a contract formerly existent with the defendant, Ray Milner, and the return to him of a money deposit of $850.00 delivered as part of the total performance on his part to pay $2,700.00,—under pleadings alleging a "total failure of consideration" for the contract. Milner plead only a general denial in reply.

Where there is a plea of total failure...

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