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MITTERLEHNER v. MERCANTILE NAT. BANK AT DALLAS

No. 16319.

378 S.W.2d 137 (1964)

Earl L. (Hank) MITTERLEHNER, d/b/a S & M Distributing Co., Appellant, v. MERCANTILE NATIONAL BANK AT DALLAS, Trustee, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 10, 1964.

Attorney(s) appearing for the Case

Harold B. Berman, Dallas, for appellant.

Brundidge, Fountain, Elliott & Churchill, L. E. Elliott, Dallas, for appellee.

DIXON, Chief Justice.

Earl L. Mitterlehner, appellant, doing business as S & M Distributing Company, brought this suit against his landlord, Mercantile National Bank at Dallas, Trustee, for damages to merchandise stored in a leased building which damages are alleged to have been caused by water leaking from water pipes in the building.

Appellant is in the bonded warehouse business. The merchandise alleged to have been damaged belonged to one of his customers...

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