Galveston, Harrisburg & San Antonio Railway Co. v. Johnson
Texas Supreme Court
Appeal from Bexar. Tried below before Hon. G. H. Noonan. This is an appeal from a judgment below in favor of appellee Johnson for $21,415.16 with' interest from August 31, 1882, total $28,910.45, against the appellant.
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Appeal from Bexar. Tried below before Hon. G. H. Noonan. This is an appeal from a judgment below in favor of appellee Johnson for $21,415.16 with' interest from August 31, 1882, total $28,910.45, against the appellant. The cause of action was work done under a construction contract and involved the construction or interpretation of a written instrument signed by and in behalf of the parties March 14, 1882. Suit was filed December 16, 1884. All the obligations devolving upon the contractor under said contract were fully performed by plaintiff, and his pay therefor became due on the 31st day of…
1Opinion of the Court
Gaines, Associate Judge.
This suit was brought by appellee to recover of the appellant corporation a balance alleged to be due upon a contract for grading a part or its road. The petition, after setting forth the execution and terms of the contract, alleges that the plaintiff complied in all respects with its stipulations as to five sections of the road and admits a full payment therefor by defendant except in two particulars. It is averred that by the terms of the agreement the plaintiff was to receive for rock embankment thirty cents per cubic yard, to be actually measured in the embankment,…
2Cases cited2 opinions
- P. J. Willis & Bro. v. SmithTexas Supreme Court · 1886
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