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SOBEL v. JENKINS

No. B-2909.

477 S.W.2d 863 (1972)

Jerome I. SOBEL, d/b/a The Script Shop v. Raymond JENKINS, d/b/a Jenkins Auto Rental.

Supreme Court of Texas.

Rehearing Denied April 12, 1972.

Attorney(s) appearing for the Case

Edwards, Faulkner & Giles, John B. Faulkner and Dan A. Makowsky, Waco, for petitioner.

Sheehy, Cureton, Westbrook, Lovelace & Nielsen, J. Robert Sheehy and Philip E. McCleery, Waco, for respondent.

McGEE, Justice.

This is a suit for fraud brought by the buyer, Sobel, against Jenkins, the seller, alleging that the seller wilfully represented that the car was new when in fact it was used. The jury answered all issues in favor of the buyer. The trial court sustained Jenkins' motion for judgment notwithstanding the verdict and rendered judgment that Sobel take nothing. The court of civil appeals has affirmed. 468 S.W.2d 884. We...

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