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McKENZIE CONSTRUCTION COMPANY v. PITTMAN

No. 12939.

288 S.W.2d 527 (1956)

McKENZIE CONSTRUCTION COMPANY et al., Appellants, v. W. Preston PITTMAN et al., Independent Executors and Trustees of the Estate of Clara Driscoll, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 4, 1956.

Attorney(s) appearing for the Case

Keys, Russell, Keys & Watson, Corpus Christi, Vinson, Elkins, Weems & Searls, C. E. Bryson, Ben H. Rice, III, Houston, for appellants W. Preston Pittman, Dr. McIver Furman and I. W. Keys, Independent Executors of the Estate of Clara Driscoll, Deceased.

Kleberg, Mobley, Lockett & Weil, Corpus Christi, Carl Wright Johnson, Dodson, Duke, Branch & Davis, San Antonio, for appellants McKenzie Construction Company, Alamo National Bank, San Antonio, Independent Executor of the Will and Estate of A. J. McKenzie, Deceased.

Keys, Russell, Keys & Watson, Corpus Christi, Vinson, Elkins, Weems & Searls, C. E. Bryson, Ben H. Rice, III, Houston, for appellees W. Preston Pittman, Dr. McIver Furman and I. W. Keys, Independent Executors of the Estate of Clara Driscoll, Deceased.

Cleaves & Cleaves, Houston, Fischer, Wood, Burney & Nesbitt, Corpus Christi, for appellee Wyatt C. Hedrick.

W. O. MURRAY, Chief Justice.

This is a plea of privilege case involving Subdivision No. 5 of Art. 1995, Vernon's Ann.Civ.Stats.

In August, 1939, Mrs. Clara Driscoll, a feme sole, was desirous of building a hotel and office building upon a lot or parcel of land located 180 feet on Broadway and 100 feet on Antelope Street in the City of Corpus Christi, Nueces County, Texas. On August 18, 1939, she entered into a written contract with Wyatt C. Hedrick, an architect...

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