PORTER v. MAROTTA

No. 12674.

267 S.W.2d 222 (1954)

PORTER et ux. v. MAROTTA.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 28, 1954.


Attorney(s) appearing for the Case

Maxwell Burket, San Antonio, for appellants.

Walter Tynan, San Antonio, for appellee.


POPE, Justice.

Appellee, Joe Marotta, d/b/a Marotta Lumber Company, sued and recovered judgment for $592.67 against Mr. and Mrs. Jean W. Porter, for lumber and materials used in certain construction work on their house. The petition was in the nature of a sworn account which the appellants denied under oath. This is not a suit in quantum meruit. The question in the case is whether the materials were furnished to Alejandro Quinones, the contractor, or whether they...

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