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GARCIA v. RUTLEDGE

No. 9381.

649 S.W.2d 307 (1982)

Robert GARCIA, Appellant, v. Frank RUTLEDGE, d/b/a Frank's Truck and Tractor, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

Whittenburg, Whittenburg & Schachter, David Mullin, Susan L. Burnette, David Whitten, Amarillo, for appellant.

Kirby, Ratliff, Sansom, Manning & Greak, Ted L. Sansom, Littlefield, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

BOYD, Justice.

Appellant Robert Garcia brings this appeal from a judgment rendered non obstante veredicto in favor of appellee Frank Rutledge. The suit arises from an alleged failure on the part of Rutledge to properly repair a truck belonging to Garcia. As originally filed by Garcia, the suit alleged a breach of warranty, violation of the Deceptive Trade Practices Act, conversion and malicious prosecution. Upon trial the jury found that Rutledge had breached his...

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