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E. E. CLOER GENERAL CONTRACTOR, INC. v. BROWN

No. 16060.

331 S.W.2d 426 (1960)

E. E. CLOER GENERAL CONTRACTOR, INC., Appellant, v. B. H. BROWN, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

January 15, 1960.

Attorney(s) appearing for the Case

Stone, Agerton, Parker & Snakard, R. F. Snakard and O. P. Newberry, Jr., Fort Worth, for appellant.

Spurlock, Schattman & Jacobs, and Denning Schattman, Fort Worth, for appellee.

RENFRO, Justice.

On December 5, 1956, plaintiff B. H. Brown entered into a written contract with defendant E. E. Cloer General Contractor, Inc., a corporation, whereby plaintiff was to install curbs and gutters in Western Hills Addition, a subdivision being developed by defendant. In March of 1958, plaintiff brought suit against the defendant for a balance allegedly due him under the written contract, and in addition sued for $6,411.10 for what he alleged were "extras...

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