Texas Creosoting Co. v. R. B. Tyler Co.

LAND, Justice.

Texas Creosoting Company sues on a claim for damages assigned to that company by the Midland Construction Company, subcontractor of R. B. Tyler Company, contractor for the road or bridge work or both with the LouisL ana highway commission for state project No. 4906.

Plaintiff Company avers that the claim of damages assigned to it is based upon the failure of R. B. Tyler Company, contrae or, to pay Midland Construction Company for the part of the work first done under its subcontract, and also upon the action, over its protest, of the contractor, in taking over and completing the…