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CRABTREE v. BURKETT

No. 7132.

450 S.W.2d 728 (1970)

Marvin W. CRABTREE and Vera Crabtree, d/b/a College Court Trailer Sales, Appellants, v. D. P. BURKETT, Appellee.

Court of Civil Appeals of Texas, Beaumont.

January 15, 1970.

Attorney(s) appearing for the Case

Sidney A. King, R. E. McDaniel, Beaumont, for appellants.

Jack R. King, Beaumont, for appellee.

KEITH, Justice.

This small case with some large difficulties appears before us for the third time.1 We do not restate more of the facts than necessary to bring into focus the legal questions presented. Upon the first trial upon the merits, plaintiff proceeded to judgment upon his theory of rescission, and, as we said on the appeal from that judgment, "elected to abandon the suit for damages...

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