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WARNER CONSTRUCTION CO. v. BLUE DIAMOND CO.

No. 17073.

429 S.W.2d 912 (1968)

WARNER CONSTRUCTION COMPANY, Appellant, v. BLUE DIAMOND COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 31, 1968.

Second Rehearing Denied June 28, 1968.

Attorney(s) appearing for the Case

G. David Westfall, of Bailey, Williams, Weber & Allums, Dallas, for appellant.

Spencer Carver, of Biggers, Baker, Lloyd & Carver, Dallas, for appellee.

DIXON, Chief Justice.

Appellant Warner Construction Company was the general contractor to make certain additions to Lake Highlands Elementary School and Lake Highlands Junior High School of the Richardson Independent School District. On January 18, 1963 appellant contracted with appellee Blue Diamond Company as a subcontractor to furnish and install in both schools certain vinyl asbestos tile for a consideration of $5,724.

Under the terms of the written contract...

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