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BROWN-McKEE, INC. v. WESTERN BEEF, INC.

No. 8605.

538 S.W.2d 840 (1976)

BROWN-McKEE, INC., Appellant, v. WESTERN BEEF, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied July 26, 1976.

Attorney(s) appearing for the Case

Key, Carr, Evans & Fouts (Donald M. Hunt), Lubbock, for appellant.

Gibson, Ochsner, Adkins, Harlan & Hankins (Wayne P. Sturdivant), Amarillo, for appellee.

ROBINSON, Justice.

Plaintiff Brown-McKee, Inc., as contractor, and the predecessor of defendant Western Beef, Inc., as owner, made a written contract for the construction of an addition to owner's feed lot. The feed lot was completed and the contract price paid. Brown-McKee filed this suit for the expenses which it claims it incurred because of the presence of rock underlying the land, (1) alleging that defendant's president fraudulently induced it to enter the contract...

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