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DAVIDSON v. CLEARMAN

No. A-10339.

391 S.W.2d 48 (1965)

John L. DAVIDSON et ux., Petitioners, v. V. R. CLEARMAN, Respondent.

Supreme Court of Texas.

On Rehearing June 16, 1965.

Attorney(s) appearing for the Case

Rawlings, Sayers, Scurlock & Eidson, Fort Worth, Gerald E. Stockard, Denton, for petitioners.

Coleman & Whitten, Denton, for respondent.

GRIFFIN, Justice.

This is a suit by respondent Clearman, as plaintiff, against petitioners John L. Davidson and wife, as defendants, to recover on a mechanic's and materialman's contract and the note given by the Davidsons to Clearman to pay for the erection of a house on property belonging to the Davidsons. Clearman's pleadings on which he went to trial declared upon the written contract and note. During the course of the trial, Clearman was permitted to file a trial...

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