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NEIGUT v. McFADDEN

No. 4905.

257 S.W.2d 864 (1953)

NEIGUT v. McFADDEN.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 1, 1953.

Attorney(s) appearing for the Case

Gilbert T. Adams, Beaumont, for appellant.

Jones, Hardie, Grambling & Howell, El Paso, for appellee.

PRICE, Chief Justice.

This is an appeal from a judgment of the District Court of El Paso County, 41st Judicial District, in favor of David L. McFadden, hereinafter styled defendant, against William A. Neigut, hereinafter styled plaintiff. The judgment was that the plaintiff take nothing as against the defendant. The plaintiff's cause of action was founded on an alleged written agreement signed by the defendant, which was as follows:

"I will pay five per cent...

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