WERLEIN, Justice.
Appellant, John E. Slaughter, filed his original petition on May 7, 1951, against the appellee, the Temple Lumber Company, alleging in substance that he was a painting contractor and that in April, 1948, he entered into an agreement with the Temple Lumber Company at Baytown, Texas, through its agent, A. L. Banks, to paint a new house then and there under construction by appellee. Thereafter appellant, at the special instance and request of said appellee...
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