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PERRY CO. v. SHERWIN-WILLIAMS CO.

No. B-856.

431 S.W.2d 310 (1968)

The PERRY COMPANY, Petitioner, v. The SHERWIN-WILLIAMS COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Small, Herring, Craig, Werkenthin & Shannon, Brown, Erwin, Maroney & Barber, Austin, for petitioner.

Gay & Latting, Austin, for respondent.

ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

PER CURIAM.

The trial court rendered judgment on the verdict in favor of petitioner. The Court of Civil Appeals reversed such judgment and remanded the cause for a new trial. 424 S.W.2d 940. In the course of its opinion the intermediate court stated that the disclaimer appearing on the acknowledgments of the orders would, if properly pleaded and if the same was part...

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