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ALVARADO v. BOLTON

No. C-5738.

749 S.W.2d 47 (1988)

Eusebio ALVARADO et al., Petitioner, v. David R. BOLTON, Trustee, et al., Respondent.

Supreme Court of Texas.

Rehearing Denied May 25, 1988.

Attorney(s) appearing for the Case

Robert H. Fisher, Carl, Lee Fisher & Coselli, Houston, for petitioner.

Joe S. Maida, Houston, for respondent.

OPINION ON MOTION FOR REHEARING

RAY, Justice.

Petitioner's motion for rehearing is granted and the court's opinion and judgment of November 25, 1987 are withdrawn and the following is substituted.

This suit for reformation of deeds and for damages under the Deceptive Trade Practices Act involves the issue of whether the doctrine of merger applies in a suit under the Act based on breach of an express warranty. After a jury trial, the district court...

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