COX FEEDLOTS, INC. v. HOPE

No. 15185.

498 S.W.2d 436 (1973)

COX FEEDLOTS, INC., Appellant, v. T. V. HOPE, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 5, 1973.


Attorney(s) appearing for the Case

Eugene B. Labay, Cox, Smith, Smith, Hale & Guenther, San Antonio, Joe E. Briscoe, Devine, Alto V. Watson, Beaumont, for appellant.

Gordon W. Jones, Franklin D. Houser, Tinsman & Houser, Inc., San Antonio, for appellee.


BARROW, Chief Justice.

Appellee brought this suit seeking to recover rebates illegally paid appellant under a contract pertaining to hauling of livestock and commodities, and to recover damages for breach of said contract. It was conceded that said rebates were illegal, and during the course of the trial, the parties stipulated and agreed that $3,600 was owed appellee thereon. The trial court held, as a matter of law, that the contract was clear and unambiguous, and...

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