Robert Wesley Finley (plaintiff below) appeals in No. 40289 from a judgment rendered against him for $5038.70 and vacation of a deed on the cross petition of Concho Construction Company, Inc. (defendant below). In No. 40337 Robert Wesley Finley appeals from an order in the same case sustaining a demurrer to his petition for new trial. The appeals are consolidated for purposes of disposition by this opinion. The...
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