McCRARY v. TAYLOR

No. 5270.

579 S.W.2d 347 (1979)

S. L. McCRARY et ux., Appellants, v. David L. TAYLOR, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

J. R. Black, Jr., Scarborough, Black, Tarpley & Scarborough, Abilene, for appellants.

Ben D. Sudderth, Sudderth, Woodley & Dudley, Comanche, for appellee.


DICKENSON, Justice.

The principal issue is whether payments made by a tortfeasor pursuant to the terms of his probation in a criminal case reduce the victim's cause of action against joint tortfeasors who were subsequently sued by the victim.

David L. Taylor, plaintiff, sued S. L. McCrary and wife, defendants, for gasoline which belonged to plaintiff. The gasoline was stolen from plaintiff by his employee, Roy Mitchell, and it was purchased by defendants....

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