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NEWBERN v. SPIRO

No. 16465.

387 S.W.2d 769 (1965)

John W. NEWBERN, Appellant, v. Harry SPIRO, Appellee.

Court of Civil Appeals of Texas, Dallas.

February 19, 1965.

Attorney(s) appearing for the Case

Bagby & Ross, Arlington, for appellant.

Turner, Rodgers, Winn, Scurlock & Terry, Robert W. Calloway and John H. McElhaney, Dallas, for appellee.

DIXON, Chief Justice.

Appellee Harry Spiro of New Orleans, Louisiana, brought suit against appellant John W. Newbern, doing business as The Newbern Company, for the sum of $239.53, which appellee alleges is the amount of excess shipping charges he was compelled to pay on a shipment of antiques purchased from appellant for the sum of $5,700.

The suit is based on an agreement written on the back of an invoice, said agreement providing that the shipping charges...

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