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MANDRIL v. KASISHKE

No. 9268.

620 S.W.2d 238 (1981)

A. T. MANDRIL, Appellant, v. Coraldale KASISHKE, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied August 26, 1981.

Attorney(s) appearing for the Case

Kolander & Hamilton, R. C. Hamilton, Amarillo, for appellant.

Whittenburg, Whittenburg & Schachter, George Whittenburg and David Mullin, Amarillo, for appellee.

DODSON, Justice.

A. T. Mandril brought this action against Coraldale Kasishke for alleged breaches of two contracts between the parties. In his action, Mr. Mandril alleged that Mrs. Kasishke overcharged him for gasoline and diesel fuel purchased under the agreements. Mrs. Kasishke generally denied Mr. Mandril's allegations and alleged several affirmative defenses such as voluntary payment, laches, estoppel, waiver, modification, breach of contract, setoff and voidness...

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