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PRESTON v. SEARS, ROEBUCK & CO.

No. 8605.

573 S.W.2d 560 (1978)

George PRESTON, Jr., et ux., Delores Preston, Appellants, v. SEARS, ROEBUCK & COMPANY and Whirlpool Corporation, Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied October 24, 1978.

Attorney(s) appearing for the Case

Gerard B. Rickey, Pace, Chandler & Rickey, Dallas, for appellants.

Timothy E. Kelley, Dallas, for appellees.

ODEN, Justice.

Appellants, George Preston, Jr. and wife, Delores Preston, purchased a Kenmore Automatic Washer from Sears, Roebuck & Company, one of the appellees. Whirlpool Corporation, the other appellee, manufactured the automatic washer. The washer's water level switch was stuck in reset. Neither appellee was cognizant of the defect and appellants do not suggest that appellees had any intent to deceive them. The washer overflowed during its first use causing...

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