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action affirmed agreement alleged amount answer appeal appellee application attorney authority automobile award Bank cause charge child Cite as 526 City claim Company conclusion considered constitute construction contention contract corporation County damages defendant defendant's denied determine District duty effect employee entered entitled error evidence existence fact failed fees filed finding follows further granted hearing held hold injury interest involved issue judge judgment jurisdiction jury Justice land lease lien limited matter ment motion notice NUMBER officers operation opinion original owner paid parties payment person petition plaintiff pleadings present prior proceeding purchase question reasonable received record recover relating request result reversed rule statement statute sufficient suit summary judgment supra sustained SYSTEM testified testimony Texas tion trial court trust witness writ