McNEILL, Justice.
This suit began as one upon account for tread rubber sold by appellant to appellee. The tread rubber was manufactured by appellant for use in recapping motor vehicle tires. Appellee filed answer and cross-action for damages alleging that at the time the rubber was purchased the seller knew it was to be used by him for recapping tires, that there was an express warranty that it was fit and merchantable for this purpose and, in alternative, there was...
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