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MILLER v. PATTERSON

No. 17714.

537 S.W.2d 360 (1976)

James W. MILLER, d/b/a A & A Construction Company, Appellant, v. Joe PATTERSON, d/b/a Joe's Sand & Gravel & Excavating, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 21, 1976.

Attorney(s) appearing for the Case

John H. Chambers, Arlington, for appellant.

Meier, Keith & Adams, and Darrell L. Keith and Stephen T. Meeks, Euless, for appellee.

OPINION

SPURLOCK, Justice.

Joe Patterson, doing business as Joe's Sand & Gravel & Excavating, hereinafter referred to as plaintiff, brought this suit in the nature of a sworn account for material sold and delivered to James W. Miller, doing business as A & A Construction Company, hereinafter referred to as defendant. Defendant denied that he had received all the material for which plaintiff sued. Defendant brought a cross-action claiming that...

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