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EMPIRE & ASSOC. INC. v. TEXAS CONTRACT. RENT., ETC.

No. 5903.

567 S.W.2d 578 (1978)

EMPIRE & ASSOCIATES, INC., Appellant, v. TEXAS CONTRACTORS RENTALS, SALES & SUPPLIES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 6, 1978.

Attorney(s) appearing for the Case

Clyde M. Marshall, Jr., Callaway & Marshall, Fort Worth, for appellant.

Benjamin N. Hamilton, Sheehy, Lovelace & Mayfield, Waco, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Empire from $7,686.27 judgment against it in suit for wrongful withholding of funds.

Plaintiff Texas Contractors is a corporation which rents and sells contractors equipment, and is owned by Robert Schroeder. Empire & Associates is a corporation which is an auctioneering firm, and is owned by Paul Smith.

Plaintiff acting through Schroeder contracted in writing with defendant...

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