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FRYMIRE ENGINEERING CO. v. CITY OF MESQUITE

No. 3672.

331 S.W.2d 380 (1960)

FRYMIRE ENGINEERING CO., Inc. and William Weston Co., Appellants, v. CITY OF MESQUITE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Lee Shipp, Dallas, for Frymire Engineering Co.

K. O. Smith and Frank G. Harmon, Dallas, for Wm. Weston Co.

Ennis E. Walden, Dallas, for City of Mesquite.

Earl Luna, Dallas, for American Automobile Ins. Co.

McDONALD, Chief Justice.

This is an appeal from a summary judgment rendered by the Trial Court that plaintiffs (appellants) Frymire Engineering Company and William Weston take nothing from defendants (appellees) City of Mesquite and American Automobile Insurance Company.

The City of Mesquite contracted with Caplan & Miller for Caplan & Miller to build a fire station for the City for $94,250, according to certain plans and specifications. On...

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