American Soda Fountain Co. v. Hairston

On Motion for Rehearing.

In its motion for rehearing appellant calls attention to the recent case of Phelps v. Jesse French, etc. (Tex. Civ. App.) 65 S.W.(2d) 374.

In the case mentioned Justice Looney, speaking for the Dalias Court of Civil Appeals, sustained a recovery by a foreign corporation of the purchase price of four pianos, owned by such corporation, stored in Texas upon repossession, and later sold to Phelps. There is no material difference between the facts in that case and the one at bar. As was stated in our original opinion, our conclusion sustaining the judgment of the lower court…