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HOLGUIN v. TWIN CITIES SERV. INC.

No. 08-87-00269-CV.

750 S.W.2d 817 (1988)

Antonio HOLGUIN, Individually and d/b/a Holguin Enterprises, Appellant, v. TWIN CITIES SERVICES, INC., Appellee.

Court of Appeals of Texas, El Paso.

March 23, 1988.

Attorney(s) appearing for the Case

Jerry Severson, El Paso, for appellant.

Jeffrey B. Thompson, Thompson, Anderson & Wyrick, P.C., El Paso, for appellee.

Before OSBORN, C.J., and SCHULTE and FULLER, JJ.

OPINION

SCHULTE, Justice.

This is a summary judgment case concerning delivery of freight pursuant to a contract. The trial court found the contract was illusory and not enforceable. We reverse and remand for trial.

The contract was entered into on December 28, 1983. Almost eight months later, Appellee presented the following addendum to the contractor for signature:

Contractor expressly agrees not to operate within 75 miles as the crow flies...

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