PHILLIPS v. SANDERS

No. 3471.

328 S.W.2d 947 (1959)

J. W. PHILLIPS, Appellant, v. J.V. SANDERS, Appellee.

Court of Civil Appeals of Texas, Eastland.

October 16, 1959.


Attorney(s) appearing for the Case

George T. Thomas, Big Spring, for appellant.

Morrison & Caton, Big Spring, for appellee.


GRISSOM, Chief Justice.

J. W. Phillips sued J. V. Sanders for damages for breach of a contract to "rootplow" a part of Sanders' ranch for $10 per acre. At the close of plaintiff's evidence the defendant presented a motion for an instructed verdict, asserting plaintiff had failed to prove the existence of a contract; that he had failed to prove mutual assent and meeting of the minds on the essential terms of the alleged contract, which terms were left for future adjustment...

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