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McELROY v. GENERAL TEXAS ASPHALT COMPANY

No. 4682.

427 S.W.2d 719 (1968)

W. A. McELROY et al., Appellants, v. GENERAL TEXAS ASPHALT COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 9, 1968.

Attorney(s) appearing for the Case

Christopher & Bailey, M. Ward Bailey, Fort Worth, for appellants.

Matthews & Thorp, Robert E. Davis, Dallas, for appellee.

OPINION

WILSON, Justice.

The owners of an asphalt distributor, appellants-plaintiffs, delivered it to a road contractor, appellee-defendant, under a lease-purchase option agreement. While being used by defendant it was damaged by fire. Plaintiffs sued for rentals, and alternatively for the contract price, contending defendant had by its conduct exercised the option to purchase. Alternatively they sued for the...

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