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HAWKINS v. B. & G. CONSTRUCTION & DITCHING COMPANY

No. 3363.

289 S.W.2d 340 (1956)

Cecil HAWKINS, d/b/a Portland Plumbing and Electric Company, Appellant, v. B. & G. CONSTRUCTION AND DITCHING COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

March 29, 1956.

Attorney(s) appearing for the Case

Robert A. Sone, Corpus Christi, for appellant.

Nye & Cohn, Corpus Christi, for appellee.

TIREY, Justice.

Appellant perfected this appeal by writ of error. The judgment entered was by default.

Plaintiff grounded his cause of action on an oral agreement entered into by him as a partner in the B. & G. Construction Company as one party and Cecil Hawkins, doing business as the Portland Plumbing & Electric Company as the other party. We quote verbatim the pertinent parts of plaintiff's petition:

"That heretofore, to-wit, on or about...

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