STANDARD ACC. INS. CO. OF DETROIT v. SMITH PERRY ELEC. CO.

No. 3812.

373 S.W.2d 97 (1963)

STANDARD ACCIDENT INSURANCE COMPANY OF DETROIT et al., Appellants, v. SMITH PERRY ELECTRIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 15 and December 6, 1963.


Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Dallas, for appellants.

Matthews & Matthews, Dallas, for appellee.


WALTER, Justice.

Appellee's motion for rehearing is overruled. We adhere to our order reversing the judgment of the trial court and remanding the case for trial. However, the opinion handed down in this case on May 24, 1963, is withdrawn and the following substituted therefor:

This is a summary judgment case. Henger Construction Company contracted with Southwestern Bell Telephone Company to make alterations and additions...

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