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CUNNINGHAM v. R. W. McPHERSON & ASSOCIATES, INC.

No. 4327.

392 S.W.2d 145 (1965)

Eddie CUNNINGHAM et al., Appellants, v. R. W. McPHERSON & ASSOCIATES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 8, 1965.

Attorney(s) appearing for the Case

Heath, Rosenthal & Atlas, Houston, for appellants.

Kucera, Lay & Lightfoot, Houston, for appellee.

WILSON, Justice.

Appellee R. W. McPherson & Associates, Inc., sued appellants, Cunningham Brothers, alleging breach of an express contract to pay for grain handling equipment and costs of installation furnished by McPherson. It was alleged that the "agreed price for such machinery and equipment was the just, fair and reasonable price thereof, or reasonable cash value thereof, or the published catalog price thereof, or in case of the steel storage bins the dealer...

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