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BIVENS WINCHESTER CORP. v. POTEET

No. 04-85-00552-CV.

720 S.W.2d 659 (1986)

BIVENS WINCHESTER CORP., et al, Appellants, v. Robert POTEET, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 4, 1986.

Attorney(s) appearing for the Case

Luther H. Soules, III, Rand J. Riklin, James R. Cliffe, San Antonio, for appellants.

Eugene Stewart, Carrizo Springs, for appellee.

Before CADENA, C.J., and BUTTS and DIAL, JJ.

BUTTS, Justice.

This is a suit to rescind a contract, brought by plaintiff, Robert Poteet, against defendants, Bivens Winchester Corporation, manufacturer of car washing equipment, and John A. Curtis, d/b/a Curtis Car Care Equipment. Curtis is not a party to this appeal.1 A jury found for Poteet, the buyer.

The evidence shows that in April, 1983, Poteet purchased from Bivens through its distributor, Curtis, a Model 460A automatic...

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