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AUSTIN STONE INDUSTRIES v. CAPITOL POWDER COMPANY

No. 10376.

290 S.W.2d 689 (1956)

AUSTIN STONE INDUSTRIES, Inc., Appellant, v. CAPITOL POWDER COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 18, 1956.

Attorney(s) appearing for the Case

Tom H. Davis, Austin, for appellant.

Tisinger & Sloan, Austin, for appellee Capitol Powder Co.

W. K. McClain, Georgetown, Otto Whittington, Bartlett, for appellee A. Hobbs.

HUGHES, Justice.

The genesis of this suit is a contract between A. Hobbs and Austin Stone Industries, Inc. whereby Hobbs agreed to "strip and move the overburden from 2 units of Austin Stone land" for a total consideration of $11,497.50.

Blasting was necessary in performing this work and the requisite materials were purchased from the Capitol Powder Company. When payment therefor was not made the Powder Company sued Stone Industries for the amount due. Stone...

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