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DZILSKY v. CLAYTON

No. 11850.

472 S.W.2d 603 (1971)

Joe DZILSKY et ux., Appellants, v. Gordon CLAYTON, Appellee.

Court of Civil Appeals of Texas, Austin.

October 27, 1971.

Attorney(s) appearing for the Case

Small, Herring, Craig & Werkenthin, C. C. Small, Jr., Austin, for appellants.

Zimmerman & Rugeley, William M. Rugeley, San Marcos, for appellee.

O'QUINN, Justice.

Gordon Clayton brought this suit against Joe Dzilsky and his wife to recover on a written contract for the construction of a home for the Dzilskys at Wimberley in Hays County. Under the contract Clayton was to be paid cost of construction plus a fixed fee of $3,500.

Based on findings of the jury, the trial court entered judgment for Clayton in the sum of $3,500, and the Dzilskys have appealed....

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