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KINCHELOE v. GELDMEIER

No. 1466.

619 S.W.2d 272 (1981)

Bob KINCHELOE, Appellant, v. Raymond A. GELDMEIER, Independent Executor of the Estate of Maury Burk, Appellee.

Court of Civil Appeals of Texas, Tyler.

June 18, 1981.

Attorney(s) appearing for the Case

Gregg Owens, Fenley, Bate, Porter & Owens, Lufkin, for appellant.

Walter Borgfeld, Zeleskey, Cornelius, Rogers, Hallmark & Hicks, Lufkin, for appellee.

McKAY, Justice.

This is a suit brought under the Texas Deceptive Trade Practices Act1 for breach of an implied warranty of merchantability in the sale of cattle.2 Defendant seller Maury Burk died prior to trial and suit was continued against his estate.

On November 5, 1973, appellant Bob Kincheloe bought 40 Brahma heifers for $15,968 from Maury Burk through the Lufkin Livestock Exchange at an auction...

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