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PALMER v. KAMIN

No. 9956.

238 S.W.2d 216 (1951)

PALMER et al. v. KAMIN et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 4, 1951.

Attorney(s) appearing for the Case

McClain & Gauntt, W. K. McClain, Georgetown, for appellants.

Billy B. Goldberg, Houston, for appellees.

HUGHES, Justice.

This was a suit upon an agreed or stated account. Lester Kamin and Booke & Fisher, Inc., were the creditors and Fred Plamer and Dwight and Mary L. Phillips were the debtors.

Trial was before a jury which answered the following pertinent special issues as shown below:

"Special Issue No. 1. Do you find from a preponderance of the evidence that on or before September 16, 1949, the plaintiffs had submitted to the defendants itemized...

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