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CHERRY v. TURNER

No. 12626.

560 S.W.2d 794 (1978)

Robert F. CHERRY, Appellant, v. Pauline H. TURNER, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 1, 1978.

Attorney(s) appearing for the Case

Roy Q. Minton, Minton, Burton & Fitzgerald, Inc., Austin, for appellant.

Robert R. Bradshaw, Coffee, Goldston & Bradshaw, Austin, for appellee.

O'QUINN, Justice.

Pauline H. Turner, the appellee, brought this action in October of 1975 in county court at law against Robert F. Cherry seeking damages for breach of a contract the parties made in connection with sale to appellee of a residence Cherry owned in Austin.

The contract of sale provided that "lighting and plumbing fixtures" were included in sale of the realty, and, in addition, Cherry warranted that all appliances would be in good working order...

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