En Banc. Rehearing Denied October 17, 1972.
HEARD, Judge.
Bernard A. Finkel, as trustee under the will of Julia Levy, instituted suit against Texas-Edwards, Inc. for damages allegedly sustained by him by a breach of an agreement entered into between decedent, Julia Levy, and defendant, Texas-Edwards, Inc. An answer was filed to Finkel's petition, and on the day set for trial, defendant filed a peremptory exception of no cause or right of action based upon...
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