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HAMILTON v. S & H SUPPLY COMPANY

No. 11446.

408 S.W.2d 773 (1966)

John M. HAMILTON et al., Appellants, v. S & H SUPPLY COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 7, 1966.

Attorney(s) appearing for the Case

Andress, Woodgate, Richards & Condos, Wm. Andress, Jr., Dallas, for appellants.

Thompson, Coe, Cousins & Irons, Larry L. Gollaher, Sanders & Nolen, Virgil Sanders, Jr., Dallas, for appellee.

PHILLIPS, Justice.

This case involves a suit upon a note.

Thomas H. Rose, Jr., doing business as JTR Plumbing Company, contracted with Louis Krodell to install the plumbing in an apartment building on Bennett Street then being built by Krodell. This contract involved about $20,000. The job was completed in December of 1963, but Krodell failed to pay Rose. Neither Krodell nor Rose are parties to this litigation.

In April of 1964, Krodell contracted...

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