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NELMS v. C. B. DELHOMME, INC.

No. 3803.

340 S.W.2d 123 (1960)

Horace NELMS, Appellant, v. C. B. DELHOMME, INC., et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 23, 1960.

Attorney(s) appearing for the Case

Bryan & Patton, Houston, for appellant.

Fulbright, Crooker, Freeman, Bates & Jaworski, Olan B. Lowrey, Houston, for appellees.

WILSON, Justice.

Appellant filed suit in the County Court at Law to recover $500, the amount of a deposit, and exemplary damages. Citation was promptly served on appellees and they answered by general denial. Three months after appellant's suit was instituted, appellees filed a verified plea asserting that subsequent to the filing of appellant's suit, they had filed a suit against him for over $2,000 in the district court for a debt "which was owing to defendant by...

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