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HERBSLEB v. DUTY

No. 4113.

367 S.W.2d 958 (1963)

Clay J. HERBSLEB, d/b/a Contractors Industrial Service Engineers, Appellant, v. George DUTY, d/b/a Duty Construction Company and Duty Construction Company, Appellees.

Court of Civil Appeals of Texas, Waco.

April 25, 1963.

Attorney(s) appearing for the Case

L. H. Lynch, Houston, for appellee.

McDONALD, Chief Justice.

Plaintiff Herbsleb brought this suit against defendant Duty for 2 weeks' rental fee of a bulldozer in the amount of $525., and for $300. attorneys' fees. Plaintiff swore to his petition. Defendant answered by general denial. Trial was before the court without a jury, which, after hearing, entered judgment for plaintiff for the $525. bulldozer rental, and found that plaintiff was not entitled to recover attorneys' fees.

Plaintiff appeals...

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