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CAUDLE v. SHERRARD MOTOR COMPANY

No. 18587.

525 S.W.2d 238 (1975)

John B. CAUDLE, Appellant, v. SHERRARD MOTOR COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 7, 1975.

Attorney(s) appearing for the Case

Ed Walts, Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellant.

Tom J. Stollenwerck, Touchstone, Bernays & Johnston, Dallas, for appellee.

AKIN, Justice.

The question on this appeal is whether the risk of loss of a house trailer had passed from the seller, Sherrard Motor Company, to the buyer, Caudle, under Tex.Bus. & Comm. Code Ann. § 2.509 (Tex.UCC 1968) before the house trailer was stolen from the seller's premises.

The relevant facts are undisputed. On February 10, 1972, plaintiff Sherrard Motor Company and defendant John Caudle entered...

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