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CURRY v. GRIZZAFFI

No. 17596.

466 S.W.2d 835 (1971)

H. M. CURRY, Appellant, v. John GRIZZAFFI et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

April 30, 1971.

Attorney(s) appearing for the Case

James H. Martin, Dallas, for appellant.

R. L. McSpedden, Collie & McSpedden, Dallas, for appellees.

GUITTARD, Justice.

This is a suit on an alleged oral contract to make certain repairs on a house, and in the alternative for labor and materials furnished for defendants' benefit. The petition contains an affidavit in the form prescribed by Texas Rules of Civil Procedure, rule 185 for an action upon a sworn account. The answer is also sworn, but it does not contain the exact language prescribed by the rule. After a nonjury trial the court below found that there was...

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