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MORGAN EXPRESS, INC. v. ELIZABETH-PERKINS, INC.

No. 18590.

525 S.W.2d 312 (1975)

MORGAN EXPRESS, INC., Appellant, v. ELIZABETH-PERKINS, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 26, 1975.

Attorney(s) appearing for the Case

Leonard E. Hoffman, III, Lyne, Klein, French & Womble, Dallas, for appellant.

Esir Tobolowsky, Dallas, for appellee.

GUITTARD, Justice.

In this appeal from a default judgment, the defendant seeks reversal on the ground that the testimony on which the judgment was based was not recorded and, consequently, no statement of facts is available for review of the sufficiency of the evidence. Plaintiff contends that defendant has not shown diligence, since the record fails to show that a narrative statement of the evidence could not have been...

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