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ACHTERBERG v. GILLETT

No. 5304.

322 S.W.2d 306 (1959)

John F. ACHTERBERG, d/b/a The Jno. F. Achterberg Company, Appellant, v. Sam B. GILLETT, Jr., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 1, 1959.

Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, El Paso, for appellant.

Andreas, Lipscomb, Peticolas & Fisk, El Paso, for appellee.

LANGDON, Chief Justice.

This is an appeal from a judment of the District Court of El Paso County granting defendant's motion for summary judgment, wherein it was adjudged that plaintiff take nothing from the defendant under Rule 166-A, Texas Rules of Civil Procedure.

Appellant Achterberg, plaintiff below, brought this suit against appellee, Sam B. Gillett, Jr., defendant below, for damages for breach of a written contract giving to plaintiff a non-cancellable...

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