Bupp & Robbins v. J. F. O'Connor & Co.

HEAD, Associate Justice.

Appellees brought this suit as plaintiffs in the court below, to recover of appellants a balance of $614.13, with interest at 8 per cent per annum, alleged to be due them upon an open account. Appellants answered, in effect, that they took a contract to do certain railway grading for appellees, and that appellees agreed to advance tools, money, supplies, etc., to them during the prosecution of the work, and after the principal part of the work had been completed, appellees refused to comply with their part of the contract, and appellants, being unable to complete the…