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MERCER v. HARDY

No. B-1507.

444 S.W.2d 593 (1969)

Dewey L. MERCER d/b/a Mercer Home Care Service, Petitioner, v. R. C. HARDY, Respondent.

Supreme Court of Texas.

Rehearing Denied October 1, 1969.

Attorney(s) appearing for the Case

Atchley, Russell, Hutchinson & Waldrop, Stephen Oden, Texarkana, for petitioner.

Talbert, Giessel, Barnett & Stone, John Mustachio, Houston, Carney & Mays, Howard Carney, Atlanta, for respondent.

GREENHILL, Justice.

This damage suit involves the construction of a written contract for the removal of a standing brick wall and other debris from the site of a burned building. R. C. Hardy owned a two-story brick building located in the City of Atlanta, Texas. The building burned on October 31, 1966. A rear wall of Hardy's building that abutted a building owned by C. A. Martin remained standing. On November 7, 1966, Hardy entered into a written contract with Dewey...

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