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LEXCON, INC. v. GRAY

No. 05-86-01298-CV.

740 S.W.2d 83 (1987)

LEXCON, INC., and Lexington Apartments and Motor Inns, Appellants, v. Jimmie Leon GRAY d/b/a Gray Roofing and Roofing Wholesale Company, Inc., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied December 4, 1987.

Attorney(s) appearing for the Case

Jody L. McPherson, Dallas, for appellants.

Durwood D. Crawford, Dallas, for appellees.

Before DEVANY, MCCLUNG, and McCRAW, JJ.

DEVANY, Justice.

This is an appeal from a judgment resulting from a consolidation of two separate suits. Of the original parties, only Lexcon, Inc., appellant, and Roofing Wholesale Company, Inc., appellee, are parties to this appeal.

Lexcon contracted to build a motel project in Duncanville, Texas. A portion of the contract was subcontracted to Gray Roofing who purchased materials from Roofing Wholesale. Gray Roofing failed to pay for all the materials it...

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