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TOM BENSON CO., INC. v. ERVINE

No. 16062.

574 S.W.2d 221 (1978)

TOM BENSON COMPANY, INC., Appellant, v. Sharon L. ERVINE, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 6, 1978.

Attorney(s) appearing for the Case

Larry J. Benson, Martin A. Gewertz, San Antonio, for appellant.

William H. Ervine, Sonora, for appellee.

MURRAY, Justice.

Sharon L. Ervine, appellee, sued Tom Benson Company, Inc., appellant, and co-defendant, General Motors Corporation, for an alleged violation of the Texas Deceptive Trade Practices Act. In October of 1976, appellee purchased a new 1977 Delta 88 Oldsmobile automobile from Tom Benson for the agreed price of $8,606. During the purchase, appellee says it was represented to her that the car contained a 350 rocket Olds engine. It is undisputed that this...

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