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BURROUGHS CORP. v. FARMERS DAIRIES

No. 6459.

538 S.W.2d 809 (1976)

BURROUGHS CORPORATION, Appellant, v. FARMERS DAIRIES, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 28, 1976.

Attorney(s) appearing for the Case

Kemp, Smith, White, Duncan & Hammond, William J. Derrick, Larry C. Wood, El Paso, for appellant.

Scott, Hulse, Marshall & Feuille, Charles R. Jones, Myron D. Brown, El Paso, for appellee.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is a fraudulent representation suit instituted by Appellee, Farmers Dairies, as plaintiff against Burroughs Corporation as defendant. Trial before a jury resulted in a judgment against Burroughs for $16,141.19 damages.

The issue on appeal involves discretion to allow a trial amendment at the end of the evidence. We reverse the judgment of the trial Court and remand for another trial.

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