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TEXAS BANK & TRUST CO. v. CAMPBELL BROS., INC.

No. 19489.

569 S.W.2d 35 (1978)

TEXAS BANK & TRUST COMPANY, Appellant, v. CAMPBELL BROTHERS, INC., et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 29, 1978.

Attorney(s) appearing for the Case

W. Ted Minick, Winstead, McGuire, Sechrest & Trimble, Dallas, for appellant.

Jim E. Cowles, R. Brent Cooper, Touchstone, Bernays & Johnson, Sam S. Stollenwerck, Thomas K. Boone, Dalton, Moore, Forde, Joiner & Stollenwerck, Lynn Phillips, Dallas, for appellees.

GUITTARD, Chief Justice.

This suit arose out of a contract for construction of an apartment project. The contractor, Campbell Brothers, Inc., stopped the work because of failure of the owner, San Mateo Properties, Inc., to make a progress payment pursuant to an application for payment presented by the contractor. The contractor sued the owner for the amount alleged to be due and also for damages for breach of contract, and joined as a defendant Texas Bank & Trust...

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