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LIFESTYLE ENERGY CORP. v. JOHN WILSON, ETC.

No. 7038.

611 S.W.2d 709 (1980)

LIFESTYLE ENERGY CORPORATION, Appellant, v. JOHN WILSON DRILLING COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 28, 1981.

Attorney(s) appearing for the Case

Kerr, Fitz-Gerald & Kerr, Wm. Monroe Kerr and Michael T. Morgan, Midland, for appellant.

Rassman, Gunter & Boldrick, James P. Boldrick and Leslie G. McLaughlin, Midland, for appellee.

OPINION

OSBORN, Justice.

John Wilson Drilling Company recovered judgment against Lifestyle Energy Corporation for the balance due for services rendered under a daywork drilling contract. We reverse and remand because the burden of proof as to performance of the contract was misplaced in the Court's charge to the jury.

Under the terms of the written contract, John Wilson Drilling Company, as contractor, agreed to perform all work under the contract...

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