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BARKER v. MALACORD AND SON GLASS COMPANY

No. 16498.

374 S.W.2d 929 (1964)

S. P. BARKER, d/b/a Barker Construction Company, Appellant, v. MALACORD AND SON GLASS COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

January 24, 1964.

Attorney(s) appearing for the Case

Nelson, Montgomery & Robertson, and Otis E. Nelson, Wichita Falls, for appellant.

Irvin J. Vogel, and Joe E. Shaddock, Wichita Falls, for appellee.

RENFRO, Justice.

This is a venue case.

The plaintiff, Malacord and Son Glass Company, a partnership, sued Barker Construction Company, Continental Casualty Company and the Electra Independent School District. Plaintiff alleged it furnished labor and materials to Barker Construction Company, who used said labor and materials in the construction of an elementary school in Electra, Texas, constructed under contract between Barker, as prime contractor, and the...

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