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WALKER & ASSOCIATES SURVEYING v. AUSTIN

No. 06-08-00117-CV.

301 S.W.3d 909 (2009)

WALKER & ASSOCIATES SURVEYING, INC., Appellant, v. Rebecca AUSTIN d/b/a Austin Surveying and Mapping, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 11, 2009.

Rehearing Overruled January 12, 2010.

Attorney(s) appearing for the Case

Christopher T. Massey, J. Bennett White, J. Bennett White, PC, Tyler, for Appellant.

Phillip A. Stone, Donald R. Ross, Haltom & Doan, LLP, Texarkana, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

I. Factual and Procedural History

Austin Surveying and Mapping (Austin) hired three work crews, on an hourly basis, from Walker & Associates Surveying, Inc., for the purpose of doing the field work resurveying properties on which Austin had won bids. No written contract was made, and whatever agreement was reached was based solely on verbal discussion.

Austin declined to pay approximately the last...

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