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SMITH DEVELOPMENT COMPANY v. DWIGHT

No. 14994.

471 S.W.2d 139 (1971)

SMITH DEVELOPMENT COMPANY, Appellant, v. J. M. DWIGHT, Jr., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 6, 1971.

Attorney(s) appearing for the Case

S. Tom Morris, Gibson, Ochsner, Adkins, Harlan & Hankins, Amarillo, for appellant.

Robert Mitchell, A. L. Hernden, San Antonio, for appellee.

KLINGEMAN, Justice.

Plaintiff, J. M. Dwight, Jr., sued Smith Development Company for breach of a written contract dated September 3, 1968, in which contract plaintiff agreed to perform for defendant a gamma ray survey on approximately 10,240 acres of land in New Mexico for a fixed price of $9,000.00 (15 days at $600.00 per day). Plaintiff alleged that he performed such work in accordance with such contract, and that defendant had refused to pay him for such work....

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