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LEWIS v. FOSTER

No. C-12.

621 S.W.2d 400 (1981)

Wayne LEWIS, Petitioner, v. Mrs. J. B. FOSTER and Ben Roshton as Independent Executor, Respondents.

Supreme Court of Texas.

September 16, 1981.

Attorney(s) appearing for the Case

C. R. Kit Bramblett, El Paso, Davis, Durham & Canon, M. Michael Park, Huntsville, for petitioner.

Ted Painter, Pecos, for respondents.

SPEARS, Justice.

This suit was brought by Petitioner Wayne Lewis to recover damages resulting from the breach of Mrs. Foster's oral agreement to furnish water for cattle which Lewis pastured on leased land adjoining decedent's ranch. The principal issue is whether Lewis's testimony concerning the alleged agreement was admissible in the face of the Dead Man's Statute, article 3716.1

The trial court admitted Lewis's testimony over...

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