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DITTMAR & CO. v. McMULLEN COUNTY RURAL HIGH SCH. DIST.

No. 13399.

319 S.W.2d 341 (1958)

DITTMAR & COMPANY, Inc., et al., Appellants, v. McMULLEN COUNTY RURAL HIGH SCHOOL DISTRICT et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 7, 1959.

Attorney(s) appearing for the Case

Gaynor Kendall, Austin, for appellants.

J. C. Hinsley, Austin, for appellees.

POPE, Justice.

Dittmar & Company, Inc., and First Texas Corporation, sued McMullen County Rural High School District and its trustees for $6,000.00, which they claim the School District contracted to pay them. The trial court sustained special exceptions to plaintiffs' petition and upon their refusal to amend, dismissed the suit. The controlling question is whether a board of school trustees may contract to pay a bidder for his guarantee to buy bonds at an agreed...

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