MOCKINGBIRD AMC/JEEP, INC. v. HALL

No. 19935.

583 S.W.2d 844 (1979)

MOCKINGBIRD AMC/JEEP, INC., Appellant, v. Billy Gene HALL, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 26, 1979.


Attorney(s) appearing for the Case

Paul H. Stanford, Canton, for appellant.

Daniel G. Fish, Dallas Legal Services Foundation, Inc., Dallas, for appellee.

Before AKIN, ROBERTSON and CARVER, JJ.


AKIN, Justice.

This appeal from a summary judgment granted in favor of plaintiff concerns whether Tex.Rev.Civ.Stat.Ann. art. 5069-7.01(e) (Vernon 1971) and Tex.Rev.Civ.Stat. Ann. art. 5069-7.07(6) (Vernon 1971) are applicable to a discount service agreement. Article 5069-7.01(e) defines a retail installment contract, and article 5069-7.07(6) prohibits a retail installment contract from waiving any claim against the seller arising out of the sale. In 1977, plaintiff...

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