SMITH v. PULLIAM, INC.

No. 16612.

388 S.W.2d 329 (1965)

Robert L. SMITH et ux., Appellants, v. PULLIAM, INC., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 26, 1965.


Attorney(s) appearing for the Case

H. J. Loe, Fort Worth, for appellants.

Leo Ferris, Fort Worth, for appellee.


LANGDON, Justice.

This is a suit for partial performance on a contract dated January 5, 1963, alleged to be partly written and partly oral, for the construction of a family blast shelter in compliance with a Department of Defense bulletin for the agreed sum of $2,875.00 and alternatively on quantum meruit.

The allegations of the appellee as to the oral portion of the contract were essentially as follows: when appellee was requested to bid on the shelter the...

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