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WILKIE v. DEAN

No. 6862.

289 S.W.2d 402 (1956)

C. R. WILKIE, d/b/a Wilkie Lumber Company, Appellant, v. J. E. DEAN, d/b/a Dean Lumber Company, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 12, 1956.

Attorney(s) appearing for the Case

Power, McDonald & Mell, Gilmer, for appellant.

Florence, Florence & Garrison, Gilmer, for appellee.

DAVIS, Justice.

C. R. Wilkie, d/b/a Wilkie Lumber Company, sued J. E. Dean, d/b/a Dean Lumber Company, alleging a breach of an oral contract made by defendant with the plaintiff to deliver to plaintiff, or his order, oak lumber of a certain size, thickness and specifications. Plaintiff took the position in the trial court and takes the position in this court that the contract was for oak lumber 3 × 4 inches planed to 2¾ × 3 5/8 inches, and that defendant...

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