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JENKINS v. HENRY C. BECK COMPANY

No. B-1585.

449 S.W.2d 454 (1969)

Lenox JENKINS, Petitioner, v. HENRY C. BECK COMPANY, Respondent.

Supreme Court of Texas.

Dissenting Opinion and Rehearing Denied January 28, 1970.

Attorney(s) appearing for the Case

Christopher M. Weil, Robert L. Berry and Ronald A. Dubner, Dallas, for petitioner.

Locke, Purnell, Boren, Laney & Neely, Larry M. Lesh, Dallas, for respondent.

STEAKLEY, Justice.

The problem here is one of accord and satisfaction in the context of a summary judgment. We disagree with the Court of Civil Appeals, 440 S.W.2d 85, that such was shown as a matter of law.

Petitioner, Lenox Jenkins, plaintiff below, a subcontractor, sued Henry C. Beck Company, a corporation, the contractor, for alleged unpaid balances due him in the total sum of $16,855.34. Beck in its answer admitted...

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