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WHATABURGER, INC. v. RUTHERFORD

No. 21023.

642 S.W.2d 30 (1982)

WHATABURGER, INC., Dally Advertising, Inc., and Dal-Worth Whatco, Inc., Appellants, v. Mike RUTHERFORD, Appellee.

Court of Appeals of Texas, Dallas.

September 24, 1982.

Attorney(s) appearing for the Case

S. Gary Werley, Bishop, Lamens & Brown, Fort Worth, for appellants.

John D. Griggs, Dallas, for appellee.

Before GUITTARD, C.J., and FISH and ALLEN, JJ.

GUITTARD, Chief Justice.

Mike Rutherford was dissatisfied with the "replicar" vehicle he won as a prize in a promotional contest sponsored by Dally Advertising, Inc., Whataburger, Inc., and Dal-Worth Whatco to promote Whataburger restaurants. He rejected the tendered prize and sued Dally, Whataburger and Dal-Worth Whatco for fraud and for breach of contract, alleging various defects. The jury found breach of contract, but did not reach the fraud issues under the court...

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