No. 10619.

321 S.W.2d 149 (1959)

P. B. SEALE, Appellant, v. ROY M. MITCHELL CONTRACTING CO., Inc., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 4, 1959.

Attorney(s) appearing for the Case

Joe H. Tonahill, John H. Seale, Jasper, for appellant.

Dudley Davis, Center, for appellee.

HUGHES, Justice.

Appellant P. B. Seale was the plaintiff below and appellee Roy M. Mitchell Contracting Co., Inc. was the defendant.

The Trial Court sustained a plea in abatement filed by appellee on the ground that the matters in dispute had not been submitted to arbitration and thereupon dismissed appellant's suit.

The record shows that appellee had contracted in writing with the City of Tenaha, Texas, for the construction of sanitary sewers and...

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