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JENKINS v. KIMBRO

No. 11213.

380 S.W.2d 189 (1964)

Robert JENKINS et ux., Appellants, v. Clyde KIMBRO et ux. et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 24, 1964.

Attorney(s) appearing for the Case

Ted Musick, Houston, for appellants.

McClain & Stump, Georgetown, for appellees.

PHILLIPS, Justice.

Jenkins sued Mr. and Mrs. Kimbro for damages arising when he purchased a registered Appaloosa stallion from Kimbro on August 27, 1960, on the "oral warranty that this young stallion's dam was a bay quarter horse, and the sire was a permanent registered foundation Appaloosa horse."

On October 30, 1960, Jenkins received a letter from the Appaloosa Horse Club, Inc., stating that the stallion's dam had not been a registered quarter mare, but...

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