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McCALL v. TRUCKS OF TEXAS, INC.

No. 16657.

535 S.W.2d 791 (1976)

William McCALL, Appellant, v. TRUCKS OF TEXAS, INC., et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 29, 1976.

Attorney(s) appearing for the Case

Kronzer, Abraham & Watkins, Robert E. Ballard, James Edward Robinson, Houston, for appellant.

Dow, Cogburn & Friedman, Edmund L. Cogburn, K. Gregory Erwin, Houston, for appellees.

PEDEN, Justice.

Appeal from a summary judgment in favor of the defendants. The plaintiff, Mr. William McCall, sued Trucks of Texas, Inc., and Superior Trucks, Inc., alleging that they had materially misrepresented the condition of a new truck he bought from them. They answered by a general denial and affirmative pleas of accord and satisfaction, compromise and settlement, and release and discharge. They based a motion for summary judgment on a release signed by McCall...

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