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TEXAS CONSTRUCTION RENTALS, INC. v. HARRISON

No. 4563.

410 S.W.2d 482 (1966)

TEXAS CONSTRUCTION RENTALS, INC., Appellant, v. Gerard A. HARRISON, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 19, 1967.

Attorney(s) appearing for the Case

Hutcheson, Taliaferro & Hutcheson, J. Philip Wandel, William G. Wilson, Houston, for appellant.

Fred W. Moore, Houston, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Texas Construction, from a judgment for plaintiff Harrison, in a suit for breach of an express warranty of a Caterpillar tractor, sold by defendant to plaintiff.

Plaintiff sued defendant alleging that defendant entered into an agreement orally and in writing with plaintiff, to sell plaintiff a used D8 Caterpillar tractor (plus equipment) for $16,000; that such agreement set out certain...

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