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ALLISON v. GULF LIQUID FERTILIZER COMPANY

No. 16273.

353 S.W.2d 512 (1962)

H. C. ALLISON, Appellant, v. GULF LIQUID FERTILIZER COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 9, 1962.

Attorney(s) appearing for the Case

Anderson & Anderson, Cleburne, Thompson, Walker, Smith & Shannon, and Arch B. Gilbert, Fort Worth, for appellant.

Dennison & Naylor, and Richard D. Naylor, Pecos, for appellee.

MASSEY, Chief Justice.

Gulf Liquid Fertilizer Company, d/b/a Western Chemicals brought suit on sworn account, under the provisions of Texas Rules of Civil Procedure 185, against H. C. Allison. Plaintiff averred the delivery, under contract of sale and purchase, of 29,540 lbs. of fertilizer at a price stated. Defendant, admitting that the price stated was correct, attacked the amount delivered in pleadings filed by way of cross-action, set-off and counterclaim, etc...

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