KING v. ATAYDE

No. 360.

428 S.W.2d 148 (1968)

Manuel KING, Individually and d/b/a All Pets Center, Appellant, v. Aurelio ATAYDE, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied May 16, 1968.


Attorney(s) appearing for the Case

Heath & Robinson, Bob Heath, Houston, for appellant.

Cunningham & Yznaga, Paul Y. Cunningham, Jr., Brownsville, for appellee.


OPINION

GREEN, Chief Justice.

Appellee filed suit seeking specific performance or in the alternative damages for the cash market value of a live tamed female elephant. The cause of action is based on a written contract between appellee and appellant which, appellee contends, supplanted and superseded an original oral contract. Trial was had to the court and jury, and based upon the single special issue submitted...

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