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PELPHREY v. WALKER

No. 10649.

323 S.W.2d 266 (1959)

W. O. PELPHREY, Pelphrey-Farquhar, Inc. and Seaboard Surety Company, Appellants, v. Odis WALKER, d/b/a Walker Tire Company, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 22, 1959.

Attorney(s) appearing for the Case

Ritchie, Ritchie & Crosland, Dallas, for appellants.

Morgan L. Pearce, Jack Garey, Austin, for appellee.

ARCHER, Chief Justice.

Appellants were the prime contractors for the construction of certain highway improvements in Bell County, Texas. On January 7, 1957, appellants sublet the hauling of certain materials to Benner, who began hauling about the 1st of March, 1957.

Appellee Walker, on or about February 10, 1957, inspected the tires on Benner's trucks and estimated the value of the tires to be $2,671.15, and at that time Benner owed Walker $2,193.45. On February...

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