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FOSTER v. H. O. WOOTEN GROCER COMPANY

No. 3123.

273 S.W.2d 461 (1954)

Clyde FOSTER and Billy Mitchell, Appellants, v. H. O. WOOTEN GROCER COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 17, 1954.

Attorney(s) appearing for the Case

Dillard, Cooke & Dillard, Lubbock, for appellants.

McMahon, Springer, Smart & Walter, Abilene, for appellee.

GRISSOM, Chief Justice.

H. O. Wooten Grocer Company sued Kelly L. Fregia, Clyde Foster and Billy Mitchell, residents of Lubbock County, in Taylor County. Plaintiff sued on an open account for goods, wares and merchandise sold to Fregia and for which, it was alleged, he agreed to pay $155.54, which amount, it was alleged, was just and reasonable. Plaintiff alleged that prior to said sale and delivery Fregia executed a written agreement to pay same in Taylor County...

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