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CROSS v. B & B GROWERS AND PACKERS, INC.

No. 14043.

364 S.W.2d 450 (1963)

J. T. CROSS et al., Appellants, v. B & B GROWERS AND PACKERS, INC., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 6, 1963.

Attorney(s) appearing for the Case

Stafford, Atlas & Spilman, Gary Gurwitz, McAllen, Aldrich & McDonald, Edinburg, for appellants.

Hill, King & McKeithan, Mission, for appellee.

POPE, Justice.

The trial court granted plaintiff's motion to dismiss this case. Since the defendants had answered and asked for affirmative relief, the court erred in dismissing their cross-action.

B and B Growers and Packers, Inc., commenced this suit against Simon Heath. It alleged a written contract by which it agreed to buy and Heath agreed to sell a sixty-acre farm for $58,000.00 in cash and notes. It later amended and joined J. T. Cross, H. F. Moffitt...

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