ALEXANDER & POLLEY CONSTRUCTION CO. v. SPAIN

No. 587.

477 S.W.2d 301 (1972)

ALEXANDER & POLLEY CONSTRUCTION CO., Inc., Appellant, v. W. A. SPAIN et ux., Appellees.

Court of Civil Appeals of Texas, Tyler.

January 27, 1972.


Attorney(s) appearing for the Case

William D. Winston, Lufkin, for appellant.

Sallas, Griffith & Meriwether, Joe E. Griffith, Crockett, for appellees.


MOORE, Justice.

Appellees, W. A. Spain and wife, brought this suit against Alexander and Polley Construction Co., Inc., appellant, to recover for the agreed price of fill dirt sold to the appellant corporation. Appellees alleged that they agreed to sell and appellant agreed to purchase and remove from appellees' premises all fill dirt needed by appellant at the agreed price of $0.15 per cubic yard. That pursuant to such agreement appellant removed the fill dirt but...

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