APEX SUPPLY COMPANY v. SIMONS LAND COMPANY

No. 4995.

469 S.W.2d 651 (1971)

APEX SUPPLY COMPANY, Appellant, v. SIMONS LAND COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

May 6, 1971.


Attorney(s) appearing for the Case

Mayer & Mayer, R. Lewis Nicholson, Dallas, for appellant.

Hunter, Greenfield & Allen, Nathan Allen, Jr., Dallas, for appellee.


OPINION

HALL, Justice.

Apex Supply Company, the appellant, brought this action on quantum meruit against appellee to recover the value of plumbing materials and fixtures which Apex alleges were used in the construction of improvements to property owned and developed by appellee. The trial court granted appellee's motion for summary judgment that Apex "take nothing."

Apex pleaded that prior to April 2, 1968, appellee entered into a contract with ...

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