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H. L. "BROWNIE" CHOATE, INC. v. SOUTHLAND DRILLING CO.

No. B-1646.

447 S.W.2d 676 (1969)

H. L. "BROWNIE" CHOATE, INC., Petitioner, v. SOUTHLAND DRILLING COMPANY, Inc., Respondent.

Supreme Court of Texas.

November 26, 1969.

Attorney(s) appearing for the Case

Perkins, Davis, Oden & Warburton, Lawrence H. Warburton, Jr., Alice, for petitioner.

Lang, Cross, Ladon, Oppenheimer & Rosenberg, Paul M. Green, San Antonio, for respondent.

HAMILTON, Justice.

Plaintiff-petitioner, H. L. "Brownie" Choate, Inc., brought this suit on a sworn account for $2,648.27 plus attorneys' fees. Defendant-respondent, Southland Drilling Co., Inc., pleaded accord and satisfaction as a defense. The trial court, without a jury, found that the sworn account had been discharged by accord and satisfaction; therefore, a take nothing judgment was ordered against plaintiff. The Court of Civil Appeals affirmed the judgment of...

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