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ABLE FINANCE COMPANY v. WHITAKER

No. 108.

388 S.W.2d 437 (1965)

ABLE FINANCE COMPANY, Appellant, v. Fred WHITAKER et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied April 1, 1965.

Attorney(s) appearing for the Case

Tom Bankhead, Carthage, Henry W. Simon, Simon & Simon, Fort Worth, for appellant.

W. Edward Lee, Carthage, for appellee Fred Whitaker.

Tom B. Ramey, Jr., Ramey, Brelsford, Hull & Flock, Tyler, for appellees David G. Baird and others.

LeRoy LaSalle, Carthage, for appellee Saxon Harris.

SELLERS, Justice.

This is an appeal from a summary judgment entered by the trial court in favor of the defendants and denying the motion of plaintiff for a summary judgment.

The plaintiff, Able Finance Company, brought this suit to recover of Fred Whitaker damages for a breach of Whitaker's contract in the sum of $120,345.20, with interest from May 21, 1962. After a hearing, the court refused Able's motion for summary judgment and entered a take-nothing judgment...

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