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PAINE v. MOORE

No. 535.

464 S.W.2d 477 (1971)

Joseph J. C. PAINE, Appellant, v. Thomas P. MOORE, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 11, 1971.

Attorney(s) appearing for the Case

Glass & Glass, John D. Glass, Jr., Tyler, for appellant.

Spruiell, Lowry, Potter, Lasater & Guinn, Thomas L. Lowry, Tyler, for appellee.

McKAY, Justice.

This is a suit brought by appellant Joseph J. C. Paine against appellee Thomas P. Moore to recover $2,500.00 allegedly due under a letter agreement whereby Moore was to pay that amount to Paine for a one-eighth working interest in an oil well and for oil and gas leases in Nebraska. Paine's claim was based first upon the original contract and, in the alternative, upon a theory that a second letter constituted an account stated, or a new contract.

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