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HEINRICH v. TEXAS BITULITHIC COMPANY

No. 7139.

324 S.W.2d 600 (1959)

Charles HEINRICH et ux., Appellants, v. TEXAS BITULITHIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

May 12, 1959.

Attorney(s) appearing for the Case

Alvin Boyd, Dallas, for appellants.

Brundidge, Fountain, Elliott & Bateman, Dallas, for appellee.

FANNING, Justice.

The above cause was submitted to a jury upon special issues. The jury deliberated more than a day and the following written meassage was sent to the trial court.

"We have come to the conclusions on all questions with the exception of (4-5-6) (16-17-18)—prospects are extremetly dim, due to one juror. Have you any advice?

Richard B. Ferguson, Foreman."

The trial court replied...

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