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PHILLIPS v. TACKER

No. 5025.

469 S.W.2d 596 (1971)

Jack PHILLIPS, Appellant, v. Ed TACKER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 22, 1971.

Attorney(s) appearing for the Case

W. A. Keils, Teague, for appellant.

Bradley & Geren, Carl Cannon, Groesbeck, for appellee.

OPINION

JAMES, Justice.

In this case appellant Jack Phillips as owner entered into a "home made" written contract with appellee Ed Tacker as builder, whereby Tacker agreed to construct a certain building within a given time for Phillips for $3000.00, payable as follows: $1500.00 at the time when the cement foundation is poured, and the balance of $1500.00 within 15 days after the completion of the entire job. Trial was to a jury, which found that the building...

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