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KELLY v. HEIMER

No. 13318.

312 S.W.2d 430 (1958)

W. A. KELLY, Appellant, v. Herbert Franklin HEIMER et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 23, 1958.

Attorney(s) appearing for the Case

Henry Lee Taylor, Roscoe Johnson, San Antonio, for appellant.

Foster, Lewis, Langley & Goode, Wurzbach & Camp, San Antonio, for appellees.

BARROW, Justice.

This suit was filed by appellant, W. A. Kelly, d/b/a Kelly Construction Company, against Herbert Franklin Heimer, Alma E. Heimer, Alida Emelia Kaderli and her husband, Ottomar Kaderli, hereinafter called the Heimers, Hill Country Estates, Inc., with G. E. Melliff as president, and other defendants who are not concerned with this appeal.

Appellant's suit was based upon a written contract between himself and Hill Country Estates by the terms...

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