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DAVIDSON v. DANAHER

No. 16565.

383 S.W.2d 254 (1964)

Jay A. DAVIDSON, Appellant, v. Tom DANAHER, d/b/a Danaher Automobile Company, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

October 9, 1964.

Attorney(s) appearing for the Case

Kramer & Kramer, and Clayton S. Kramer, Wichita Falls, for appellant.

Humphrey, Gibson & Darden, and Lynn Darden, Wichita Falls, for appellee.

RENFRO, Justice.

A 1958 Volkswagen Microbus, owned by Jay A. Davidson, was destroyed by fire while in the garage owned by Tom Danaher.

Davidson was paid $2,500 by his insurer, United Services Automobile Association. Later the insurer, in Davidson's name, brought suit against Danaher, praying for recovery for the difference in value of the Volkswagen before and after the fire.

Danaher pleaded settlement and estoppel. The causes were severed and in a...

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