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JOSEPH THOMAS v. GRAHAM

No. 12-90-00091-CV.

842 S.W.2d 343 (1992)

JOSEPH THOMAS, INC., and Marvin Mackey, Assignee of Joseph Thomas, Inc., Appellants, v. Terry GRAHAM, Sr., Appellee.

Court of Appeals of Texas, Tyler.

October 30, 1992.

Attorney(s) appearing for the Case

H.L. McGee, Tyler, for appellants.

Willis Jarrel, Sr., Tyler, for appellee.

Before RAMEY, C.J., and COLLEY and BILL BASS, JJ.

RAMEY, Chief Justice.

Marvin Mackey, dba Mackey-Harris Excavating and Paving Company ("Mackey"), appeals from a judgment following the trial court's instructed verdict in favor of the Defendant, Terry Graham, Sr. ("Graham"), after Mackey had rested his case. Mackey's suit arose out of a written agreement between Graham and Ferrier Construction Company ("Ferrier"), the general contractor on a project in Tyler known as Park East Business Center ("Park East"), which...

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