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HAWS & GARRETT G. CON., INC. v. GORBETT BROS. WELD. CO.

No. 17229.

471 S.W.2d 595 (1971)

HAWS & GARRETT GENERAL CONTRACTORS, INC., Appellant, v. GORBETT BROS. WELDING COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied September 10, 1971.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff & Miller, and Kleber C. Miller, Fort Worth, for appellant.

Brown, Herman, Scott, Young & Dean, and J. Shelby Sharpe, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Plaintiff, Haws & Garrett General Contractors, Inc., brought suit for damages claimed to have been sustained by negligent tort against defendant, Gorbett Brothers Welding Company, Inc. Said defendant, Gorbett Brothers, answered by general denial coupled with pleading "in avoidance" on the contention that by express contract the plaintiff had agreed to hold Gorbett Bros. "harmless" and free of any liability for the damages...

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