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HUMPHRIES v. SIMONSEN

No. 3381.

314 S.W.2d 140 (1958)

J. C. HUMPHRIES et al., Appellants, v. Arthur SIMONSEN, Appellee.

Court of Civil Appeals of Texas, Eastland.

May 16, 1958.

Attorney(s) appearing for the Case

Stateson & Thompson, L. J. Gittinger, San Antonio, for appellants.

John Peace, Edward Penshorn, San Antonio, Archer & Archer, Austin, for appellee.

GRISSOM, Chief Justice.

J. C. Humphries and Charles F. Schwab had a contract with the State of Texas to furnish it aggregate. They entered into a contract with Arthur Simonsen which recited said fact and, with exception of the formal parts, was as follows:

"IN CONSIDERATION for five percent (5%) of the total amount of said contract between Party of First Part and the State of Texas, to be paid to Party of Second...

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