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SIMMONS v. CAPITAL DIESEL & INDUSTRIAL MACH. WKS., INC.

No. 7363.

380 S.W.2d 191 (1964)

L. M. SIMMONS, d/b/a L. M. Simmons & Sons, Appellant, v. CAPITAL DIESEL & INDUSTRIAL MACHINE WORKS, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 22, 1964.

Attorney(s) appearing for the Case

James P. Brewster, Lubbock, for appellant.

Crenshaw, Dupree & Milam, Lubbock, for appellee.

DENTON, Chief Justice.

Capital Diesel & Industrial Machine Works, Inc. brought this suit against L. M. Simmons d/b/a L. M. Simmons & Sons on a verified account to recover for labor and parts in the repair and overhaul of defendant's diesel truck. The case was submitted to a jury on special issues, and based on the jury verdict, the trial court entered judgment in favor of plaintiff below for the sum of $2,608.15. Appellant has timely perfected this appeal...

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