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GIFFORD v. DON DAVIS AUTO, INC.

No. 2-07-064-CV.

274 S.W.3d 890 (2008)

Billy Don GIFFORD, Appellant, v. DON DAVIS AUTO, INC. d/b/a Don Davis Toyota and Toyota Motor Credit Corporation, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 8, 2009.

Attorney(s) appearing for the Case

James H. Owen, Athens, for Appellant.

Daniel F. Patton, McGlinchey & Stafford, P.L.L.C., Houston, Gabriel S. Hendrickson, Tucker & Associates, Dallas, for Appellees.

PANEL: CAYCE, C.J.; DAUPHINOT and GARDNER, JJ.

OPINION

JOHN CAYCE, Chief Justice.

This appeal arises out of a used car purchase. The trial court granted summary judgment against the purchaser. We affirm in part and reverse and remand in part.

Background

On February 21, 2004, appellant Billy Don Gifford purchased a 2001 Toyota Tacoma from appellee Don Davis Auto, Inc. d/b/a Don Davis Toyota ("Don Davis"). Don Davis used a form retail installment sales contract for this transaction. Appellee...

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