CODY, Justice.
This was a suit by appellant, Thomas F. Miller, doing business under the trade name of Major Supply Company, against appellees, Charles R. Baum & Son, a partnership consisting of Charles R. Baum, Sr., and Jr.; and the suit was also against Arthur Morse and the Humble Oil & Refinding Company. The facts on which appellant based his suit were these:
In early July, 1952, the Humble Oil & Refining Company made a contract with appellees...
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