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WRIGHT v. OLIVE

No. 4789.

16 F.2d 270 (1926)

WRIGHT v. OLIVE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1927.

Attorney(s) appearing for the Case

Joseph J. Eckford and John W. Pope, both of Dallas, Tex. (Paul T. McMahon, of Dallas, Tex., on the brief), for plaintiff in error.

Thomas T. Holloway, of Dallas, Tex. (Holloway & Holloway, of Dallas, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

In a written contract entered into between Gilbert G. Wright and J. H. Yeargan, Jr., Wright agreed to erect a theater building on a plot of ground which he owned, and contribute $60,000 towards the cost of construction. Yeargan reserved the right to have the building constructed according to plans and specifications approved by him, and agreed to pay, upon completion of the building, any additional cost of construction. The contract further provided...

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