Legal Opinion

Miller v. Layne & Bowler Co.

Court of Appeals of Texas

Decided October 31, 1912PublishedCited by 3 opinions

Appeal from District Court, Harris County ; Norman G. Kittrell, Judge. Action by the ¡Layne & Bowler Company against Anson Miller and others, in which defendants pleaded set-off. From a judgment for plaintiff, defendants appeal.

1Opinion of the Court

Appellee, a corporation, entered into a written contract with Anson Miller and Sylvester Shaffer, appellants, by the terms of which appellee, as contractor, agreed with appellants, as owners, to put down on certain land of the owners a test well for water. Those portions of the contract material to a consideration of the rights of the parties are as follows: "(a) Contractors agree to furnish all the material, machinery and labor except hereinafter stated necessary to put down on the land of the owners, hereinafter described, a test well for water. (b) The contractors further agree that, in…

2Cases cited2 opinions

  1. Loving v. DixonTexas Supreme Court · 1881
  2. Northern Texas Traction Co. v. JamisonCourt of Appeals of Texas · 1905

3Cited by3 opinions

  1. Sweezy v. . O'RourkeNew York Court of Appeals · 1919
  2. Risley v. McAdamsCourt of Appeals of Texas · 1937
  3. Miller v. LawrenceCourt of Appeals of Texas · 1967

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