HICKS v. SMITH

No. 16050.

330 S.W.2d 641 (1959)

J. L. HICKS et al., d/b/a Hicks Construction Company, Appellants, v. Roger SMITH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 15, 1960.


Attorney(s) appearing for the Case

Bedford D. Edwards, Waco, Bullington, Humphrey, Humphrey & Fillmore, and Roy Schaeffer, Wichita Falls, for appellants.

Cletus C. Schenk, and Geo. W. Anderson, Wichita Falls, for appellee.


MASSEY, Chief Justice.

This case is one in which Roger Smith, as plaintiff, sued the partners doing business as Hicks Construction Company to establish a contract and enforce performance thereunder on the part of the defendants. Trial was to a jury and upon answers of the jury which established the contract and its provisions, the trial court entered a judgment predicated upon jury findings coupled with other facts judicially found.

Appeal was taken from the...

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