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WINN-LEE MASONRY CO. v. McCLENDON CONST. CO.

No. 6984.

305 S.W.2d 823 (1957)

WINN-LEE MASONRY COMPANY, Inc., Appellant, v. McCLENDON CONSTRUCTION COMPANY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

September 19, 1957.

Attorney(s) appearing for the Case

Alison I. McLemore, Longview, David C. McCord, Dallas, for appellant.

Adams & Sheppard, Austin C. Hatchell, D. S. Meredith, Jr., Longview, for appellee.

FANNING, Justice.

Winn-Lee Masonry Company, Inc., a subcontractor, filed suit against McClendon Construction Company, a partnership composed of C. C. McClendon and J. C. McClendon, Jr., as general contractor, for work, labor and material allegedly furnished and performed under a written sub-contract for masonry work upon three school buildings. Under the written sub-contract in question the contractor agreed to pay the sub-contractor for performance of said work and...

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