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MILLER v. SAM MONTGOMERY OLDSMOBILE CO.

No. 01-82-0591-CV.

656 S.W.2d 917 (1983)

Leonard L. MILLER, et al., Appellants, v. SAM MONTGOMERY OLDSMOBILE COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 11, 1983.

Attorney(s) appearing for the Case

James T. Mullins, Houston, for appellants.

S. Lee Stevenson, Jr., Houston, for appellee.

Before EVANS, C.J., and COHEN and DOYLE, JJ.

OPINION

DOYLE, Justice.

This is an appeal from an order granting the appellee's motion for non-suit without prejudice.

Sam Montgomery Oldsmobile Company filed suit against Leonard Miller, Dan Gregory, and James Murphy to recover damages for breach of a written contract of sale. Trial was before a jury. The court sustained a motion for instructed verdict as to Murphy and Gregory, but denied the motion as to Miller. The appellee presented a motion...

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