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McCURDY v. KING

No. 3742.

359 S.W.2d 255 (1962)

E. J. McCURDY, Jr., Appellant, v. J. W. KING, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 27, 1962.

Attorney(s) appearing for the Case

E. G. Aycock, Ft. Worth, for appellant.

McMahon, Smart, Sprain, Wilson & Camp, Abilene, for appellee.

COLLINGS, Justice.

This is a plea of privilege case. J. W. King brought suit for damages against E. J. McCurdy, Jr., for alleged anticipatory breach of a written contract. In an amended petition plaintiff sought judgment for damages in the total amount of $14,000.00, for an additional sum of $4,000.00 as attorney's fees and "for quieting of his title and the removal of the cloud — thereon by defendant's actions." McCurdy filed a plea of privilege to be sued...

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