WHITELEY v. WILCOX OIL CO.

No. 5-716.

280 S.W.2d 903 (1955)

R. D. WHITELEY et al., d/b/a R. D. Whiteley & Sons Service Station, Appellants, v. WILCOX OIL CO., a corp., Appellee.

Supreme Court of Arkansas.

July 4, 1955.


Attorney(s) appearing for the Case

Rex W. Perkins, E. J. Ball, Fayetteville, for appellants.

Glenn R. Davis, Tulsa, Okl., Price Dickson, W. B. Putman, Fayetteville, for appellee.


McFADDIN, Justice.

Appellants filed this action for $1,979.90 against appellee, Wilcox Oil Company, a corporation. The theory of the appellants was that they were entitled to the "retainage" which the State allowed the appellee. The cause was tried on an agreed statement of facts before the Circuit Court without a jury and resulted in a judgment for the appellee. We copy the agreed statement of facts in toto:

"R. D. Whiteley and John F. Whiteley are...

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