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VILBIG BROTHERS., INC. v. C. H. LEAVELL & COMPANY

No. 7058.

319 S.W.2d 731 (1958)

VILBIG BROTHERS, INC., Appellant, v. C. H. LEAVELL & COMPANY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied January 13, 1959.

Attorney(s) appearing for the Case

Wm. Andress, Jr., Dallas, for appellant.

Leachman, Gardere, Akin & Porter, Dallas, for appellee.

DAVIS, Justice.

The opinion heretofore handed down in this cause is withdrawn and the following is substituted therefor.

Appellee's statement of the nature and the result of this suit is found to be correct and we adopt the same with minor changes and additions. It reads as follows:

"Appellee had the general contract for the erection of a water treatment plant at Wylie, Texas, which included the construction of some streets. It sublet three phases...

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