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MUNDY v. KNUTSON CONSTRUCTION COMPANY

No. 12713.

283 S.W.2d 245 (1955)

J. W. MUNDY et al., Appellants, v. KNUTSON CONSTRUCTION COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied November 10, 1955.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Newton Gresham and Quentin Bates, Houston, for appellants Mundy and Newman.

Madison Rayburn, Houston, for appellant Ben H. Moore.

Cutrer & Cook, Lewis W. Cutrer, and W. Lawrence Cook, Jr., Vinson, Elkins, Weems & Searls and B. Jeff Crane, Jr., Houston, for appellees.

CODY, Justice.

This appeal is concerned with what to all intents and purposes are two suits. To avoid unnecessary confusion we will first limit this opinion to the first suit and, after disposing of that, we will take up the second one. The undisputed facts in the first suit were these:

The Knutson Construction Company— the trade-name of Severin Knutson—contracted with the Harris County Water Control and Improvement District for certain sanitary...

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