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  5. 278 S.W.2d 321 (1955)
 

OUR LADY OF VICTORY COLLEGE & A. v. MAXWELL STEEL CO.

No. 15612.

278 S.W.2d 321 (1955)

OUR LADY OF VICTORY COLLEGE & ACADEMY, Appellant, v. MAXWELL STEEL COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 13, 1955.

Attorney(s) appearing for the Case

Garrett & Garrett, and Rufus S. Garrett, Sr., Fort Worth, for appellant.

Crowley, Wright, Miller & Garrett, S. Allen Crowley and Kleber C. Miller, Jr., Fort Worth, for appellee Maxwell Steel Co.

Thompson, Walker, Smith & Shannon and Ogden K. Shannon, Fort Worth, for Union Tank & Supply Co.

BOYD, Justice.

Appellee Maxwell Steel Company, a corporation, contracted with appellant Our Lady of Victory College & Academy to dismantle a wooden water tank and install a steel tank of about twice the capacity of the wooden tank, upon the platform and tower on which the tank to be dismantled then stood. Having been engaged by appellee to do so, Union Tank & Supply Company furnished the materials and actually dismantled the old tank and installed the new...

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