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LEMM v. SPARKS

No. 5-1662.

321 S.W.2d 388 (1959)

George P. LEMM et al., Appellants, v. J. W. SPARKS et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 30, 1959.

Attorney(s) appearing for the Case

Virgil Roach Moncrief and John W. Moncrief, Stuttgart, for appellants.

Coleman, Gantt & Ramsay, E. Harley Cox, Jr., Pine Bluff, for appellees.

McFADDIN, Justice.

The appellees (plaintiffs), J. W. Sparks and Herbert Hunter (doing business as Gregg Oil Company, a partnership), filed action against the appellants (defendants), George P. Lemm and Jerry Maiatico, to recover a claimed balance of $15,798.89 for labor and services alleged to be due under both written and oral contracts. In addition to a general denial, the defendants denied any oral contract, claimed that plaintiffs had not fully performed the written...

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