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SUMMERS v. BRANSFORD-HINDS BUILDING COMPANY

No. 3935.

383 S.W.2d 947 (1964)

Larry B. SUMMERS et ux., Appellants, v. BRANSFORD-HINDS BUILDING COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 13, 1964.

Attorney(s) appearing for the Case

David L. Hooper and William S. Perry, Schulz & Hanna, Abilene, for appellants.

Bradbury, Tippen, Brown & Clement and Bryan Bradbury, Abilene, for appellee.

WALTER, Justice.

Doctor Larry B. Summers and wife filed suit against Bransford-Hinds Building Company for breach of an implied warranty to construct a house in a good and workmanlike manner. The defendant's motion for summary judgment was sustained. The judgment recites: "* * * the Court finds that if the plaintiffs ever had any cause of action that it is barred by the two-year Statute of Limitation * * *". The plaintiffs have appealed.

Appellants contend...

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