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FRANKLIN v. JACKSON

No. 08-92-00054-CV.

847 S.W.2d 306 (1992)

Dwight FRANKLIN and Sandra Franklin, Appellants, v. J.O. JACKSON, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 20, 1993.

Attorney(s) appearing for the Case

Harold Phelan, Phelan and Phelan, Levelland, for appellants.

William E. Fulbright, Lamesa, for appellee.

Before OSBORN, C.J., and KOEHLER and BARAJAS, JJ.

OPINION

KOEHLER, Justice.

In a suit for breach of contract, the defendant moved for summary judgment on the ground that the contract was illegal and therefore unenforceable. Plaintiffs appeal from the order granting the summary judgment. We reverse and remand.

FACTUAL BACKGROUND

On July 15, 1982, J.S. & D., Inc. and J.O. Jackson (Jackson), Appellee, entered into an agreement in writing whereby J.S. & D. sold to Jackson its United...

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