COHEN v. McCUTCHIN

No. B-7093.

565 S.W.2d 230 (1978)

Albert J. COHEN, Temporary Administrator, Petitioner, v. Gene McCUTCHIN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 31, 1978.


Attorney(s) appearing for the Case

Turner, Rodgers, Sailers, Jordon & Calloway, R. W. Calloway, Turner, Hitchins, McInerney, Webb & Hartnett, John E. Gangstad, Dallas, for petitioner.

John L. Roach, Inc., John L. Roach and A. H. Duvall, Dallas, for respondents.


BARROW, Justice.

This is an appeal from a take-nothing summary judgment granted Gene, Jerry, and Alma McCutchin in Albert J. Cohen's third-party action whereby Cohen, as administrator of the estate of Byron M. McKnight, sought to recover certain drilling costs due pursuant to two written agreements allegedly entered into by the McCutchins with McKnight. The court of civil appeals affirmed after concluding that the written agreements sued upon by Cohen did not meet...

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