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SELDON v. S & S AGGREGATES COMPANY

No. 4290.

441 S.W.2d 950 (1969)

W. J. SELDON et al., Appellants, v. S & S AGGREGATES COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 6, 1969.

Attorney(s) appearing for the Case

House, Mercer, House & Brock, R. L. House, San Antonio, for appellants.

Anderson, Henley, Shields, Bradford & Pritchard, C. A. Searcy Miller, Dallas, Cayton, Gresham & Fulbright, Willis E. Gresham, Jr., Lamesa, for appellee.

GRISSOM, Chief Justice.

In February 1965, W. J. Seldon was the general contractor for a state highway project in Dawson County. W. N. Fulfer was his subcontractor for construction of a highway between Lamesa and the Martin County line. S & S Aggregates Company leased a rock crusher to Fulfer for use on said project. The lease recited that the leased machinery was to be used on Texas State Highway Project F638(12) and F1018(6) in Dawson County. Fulfer used the...

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