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SANI-SERV FREEZER SALES, INC. v. COKER

No. 428.

441 S.W.2d 649 (1969)

SANI-SERV FREEZER SALES, INC., Appellant, v. D. R. COKER and Ralph C. Graham. Appellees.

Court of Civil Appeals of Texas, Tyler.

May 15, 1969.

Attorney(s) appearing for the Case

Chester A. Oehler, Dallas, for appellant.

Moore & Holland, Willis D. Moore, Athens, for appellees.

DUNAGAN, Chief Justice.

This is an appeal from an order overruling appellant's plea of privilege. This case arose as a result of a contract under which Sani-Serv sold an ice maker and an ice cream maker to Coker and Graham, the appellees.

Under the contract between the parties, Sani-Serv was to give 90 days' free service to the machines. After the 90-day free service ran out, the appellees filed suit in Henderson County, Texas, to rescind the contract alleging...

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