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HAMITER v. WESTMORELAND

No. 8281.

524 S.W.2d 95 (1975)

Ernest J. HAMITER and wife, Mary Frances Ellis Hamiter, Appellants, v. M. W. WESTMORELAND, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied June 17, 1975.

Attorney(s) appearing for the Case

Gaines Baldwin, Abney & Baldwin, Marshall, for appellants.

Tony Hileman, Jefferson, for appellee.

CHADICK, Chief Justice.

This action was cast as a suit on sworn account and expanded by trial amendment to state an action in quantum meruit for extras incident to a building contract. The judgment of the trial court is affirmed.

M. W. Westmoreland, a building contractor, and Ernest J. Hamiter and wife, Mary Frances Ellis Hamiter entered into a written agreement on or about April 5, 1971, in which Westmoreland agreed to furnish all labor to build an addition...

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