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FRENCH v. BROWN

No. B-289.

424 S.W.2d 893 (1967)

W. P. FRENCH, Individually, and d/b/a W. P. French Painting and Contracting, Petitioner, v. Homer BROWN, Respondent.

Supreme Court of Texas.

December 13, 1967.

Attorney(s) appearing for the Case

Dunlap & Zimmerman, Warren E. Zimmerman, Amarillo, for petitioner.

Jerry R. Hollingsworth, Amarillo, for respondent.

STEAKLEY, Justice.

Petitioner sued Respondent for the reasonable value of labor and materials allegedly furnished Respondent under a contract to paint a house. Respondent was served with citation and duly filed an answer in the form of an unsworn general denial. Thereafter Petitioner filed a motion for summary judgment which was set for hearing by order of the court. The parties stipulated that notice of the motion for summary judgment and of the hearing thereon was...

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