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LOTT v. HAYES

No. 4750.

433 S.W.2d 514 (1968)

J. L. LOTT, J. Y. Lott, and Frank Lott, a Partnership doing business under the name of Lott's Mortuary, in City of Dallas, Dallas County, Texas, Appellants, v. Nesiah HAYES, as Administrator with Will Annexed, Individually and Personally, and as Residuary Legatee of Z. Z. Hayes, Deceased, and Estate of Z. Z. Hayes, Deceased, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 7, 1968.

Attorney(s) appearing for the Case

J. S. Simkins, Elgin P. Wilson, Dallas, for appellants.

W. J. Durham, Dallas, for appellee.

OPINION

WILSON, Justice.

Appellants, operators of a mortuary, filed suit in the district court against Nesiah Hayes "individually and personally, and as administrator with will annexed" of the estate of his deceased brother. He declared on a verified account for the funeral bill, alleged to be based on an oral contract entered into between Hayes and the mortuary. Appellants prayed judgment that appellee be directed to "carry out" the burial contract alleged...

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