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AUSTIN PAVING CO. v. CIMARRON CONSTRUCTION, INC.

No. 12116.

511 S.W.2d 417 (1974)

AUSTIN PAVING COMPANY, Appellant, v. CIMARRON CONSTRUCTION, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

June 12, 1974.

Attorney(s) appearing for the Case

Leonard L. Franklin, Austin, for appellant.

Barry K. Bishop, Clark, Thomas, Denius, Winters & Shapiro, Austin, for appellees.

O'QUINN, Justice.

Austin Paving Company, a partnership, brought this suit as sub-contractor to recover on a construction contract with Cimarron Construction, Inc., and made Lakeway Land Company, as the owner, a party defendant.

Under the contract, Austin Paving undertook to furnish labor and materials for the earthwork, base, and paving in construction of parking areas on property owned by Lakeway. At the end of the first month of work, Austin Paving submitted...

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