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CITY OF CROCKETT v. MURDOCK

No. 423.

440 S.W.2d 864 (1969)

The CITY OF CROCKETT, Appellant, v. Earl MURDOCK, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied May 15, 1969.

Attorney(s) appearing for the Case

Sallas, Griffith & Meriwether, Gus E. Meriwether, Crockett, for appellant.

Adams, Granberry & Hines, F. P. Granberry, Crockett, for appellee.

DUNAGAN, Chief Justice.

This suit was instituted in the District Court of Houston County, Texas, by appellee, Earl Murdock, against appellant, The City of Crockett, seeking to recover the sum of $1,522.50 deposited by appellee with appellant in lieu of a bid bond necessary in order to bid upon a public works contract. The case was tried to a jury, but at the conclusion of the evidence, by agreement, the case was withdrawn from the jury and

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