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MAYO SHELL CORPORATION v. LOTZ TOWING COMPANY

No. 12835.

279 S.W.2d 124 (1955)

MAYO SHELL CORPORATION, Appellant, v. LOTZ TOWING COMPANY, Appellee.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied May 26, 1955.

Attorney(s) appearing for the Case

Bracewell, Tunks, Reynolds & Patterson and Joe H. Reynolds, Houston, for appellant.

DeLange, Hudspeth & Pitman, Albert J. DeLange, C. M. Hudspeth and Eugene J. Pitman, Houston, for appellee.

CODY, Justice.

This is a suit on open account brought by the Lotz Towing Company to recover from the Mayo Shell Corporation for goods, wares and services. By written stipulation the parties agreed that defendant owed the plaintiff $6,233,15 as of March 13, 1952; further stipulated that the only issue to be tried between the parties was whether the defendant was to recover as an offset against plaintiff the value of a certain...

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