MARQUEZ v. SEARS, ROEBUCK & CO.

No. 16641.

625 S.W.2d 52 (1981)

Irene MARQUEZ, et al., Appellants, v. SEARS, ROEBUCK & COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 15, 1981.


Attorney(s) appearing for the Case

John C. Laye, Jr., San Antonio, for appellants.

Randall B. Richards, Jess W. Young, Young & Richards, Inc., San Antonio, for appellee.

Before ESQUIVEL, BUTTS and BASKIN, JJ.


OPINION

BASKIN, Justice.

This is a suit for damages for breach of contract. Appellants (plaintiffs) appeal from a judgment notwithstanding the verdict in favor of appellee (Sears).

In April, 1975, plaintiffs entered into a written contract with Sears whereby Sears agreed "to provide the necessary treatment to protect the premises ... against the attack of subterranean termites for the sum of $169.00." Sears...

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