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HARRY NEWTON, INC. v. BROADDUS

No. 11123.

372 S.W.2d 950 (1963)

HARRY NEWTON, INC. et al., Appellants, v. J. C. BROADDUS, Jr., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 11, 1963.

Attorney(s) appearing for the Case

Jennings, Montgomery & Dies, Graham, for appellants.

No appearance for appellee.

ARCHER, Chief Justice.

J. C. Broaddus, Jr., sued Harry Newton, Inc. and Commonwealth Insurance Company of New York, in the District Court of Milam County, seeking a recovery of $1,323.27 as the balance due for material and services performed on a State of Texas — Texas Highway Department Project known as F-FG 191 (12), Milam County, to W. S. Luckie, Inc., a sub-contractor, and attorney's fees.

We have not been favored with a brief by appellee. The defendants...

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