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ROGERS v. TEXAS INDUSTRIES, INC.

No. 3465.

328 S.W.2d 483 (1959)

Carroll W. ROGERS, Appellant, v. TEXAS INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 6, 1959.

Attorney(s) appearing for the Case

Wagstaff, Harwell, Alvis & Pope, Roy L. Duke, Abilene, for appellant.

Thompson, Walker, Smith & Shannon, Fort Worth, McMahon, Smart, Sprain & Wilson, Abilene, for appellee.

GRISSOM, Chief Justice.

Texas Industries, Inc., sued Carroll W. Rogers and Elmer L. Coggins as partners in the firm of Conotex Block Company for the unpaid balance of an account for building material amounting to $34,558.32. Rogers filed a verified answer that the account was not "just, correct and true; that the same is not due, and that this defendant does not owe the same, or any item of the same * * *." Rogers denied...

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