The Texas Civil Appeals Reports Volume 43

The Texas Civil Appeals Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... his money from the city, then if appellant did receive such money and failed to pay appellee, he could not recover against appellee on his cross bill. Kelly v. Webb, 27 Texas, 369; Johnston v. McDonnell. 37 Texas. 603; Page v. Payne, 41 Texas, 146; Davis v. Yates, 1 Texas Ct. Ap. (W. & W.), sec. 265; Miller v. Sullivan, 14 Texas Civ. App., REESE, Assoorarn Jns'rrc1=: .--M. Butler sued H. Shurter to recover $2,400.10 alleged to be due him by Shurter for bricks sold and delivered. Defendant Shurter answering admitted that he owed the amount stated, Vol. XLIII. Civil-23. but pleaded in offset and reconvention damages growing out of a breach of the contract whereby Butler had agreed to sell and deliver the bricks within a limited time, which it was alleged he had failed to do. Upon trial before a jury Butler had a verdict for the amount claimed by him to be due, less $280, being a part of the damages claimed by defendant in his plea in reconvention. From this judgment defendant Shurter appeals. Appellant had made a contract with the city of Houston to build certain sewers, which contract required him to complete the work in 120 days, or in default to pay $10 per day liquidated damages after the expiration of that time until the work was completed. Appellee's agent, with whom appellant contracted to furnish the brick for the work, knew the terms of the contract. For the work about one million bricks were required, and by the terms of the contract between appellant and appellee's agent they were to be furnished at such time and in such quantities as they were called for, and to be paid for as appellant received his money from the city, which was to be paid to him as the work progressed upon estimates of the work done, more

Product details

  • Paperback | 390 pages
  • 189 x 246 x 20mm | 694g
  • United States
  • English
  • black & white illustrations
  • 123674831X
  • 9781236748317