Texas Transportation Co. v. Hyatt & Henning
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. Hyatt & Henning brought this suit October 3, 1817, against plaintiff in error, for §3,311.19 and interest; $651 of the amouiit sued for being the balance due upon the contract sued on, alleged to have been entered into on the 9th day of April, 1876, between plaintiffs and the defendant, "acting by and through its agent, E. W. Gave, for the construction of a wharf at Clinton, on Buffalo bayou, in - Harris county,…
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Error from Harris. Tried below before the Hon. James Masterson. Hyatt & Henning brought this suit October 3, 1817, against plaintiff in error, for §3,311.19 and interest; $651 of the amouiit sued for being the balance due upon the contract sued on, alleged to have been entered into on the 9th day of April, 1876, between plaintiffs and the defendant, "acting by and through its agent, E. W. Gave, for the construction of a wharf at Clinton, on Buffalo bayou, in - Harris county, for which defendant contracted to pay them $5,300. Defendants filed November 2,1877, a general demurrer and a general…
1Opinion of the Court
Gould, Associate Justice.
Hyatt & Henning sued the Texas Transportation Company for a balance dué on an alleged contract for the construction of a wharf, for the reasonable worth of extra work on the wharf, alleged to have been done at the request of defendant, and for damages for delays, etc., alleged to have been caused by defendant. The defendant having pleaded a general demurrer and general denial, filed an application for a continuance, which was overruled by the court.
The first question presented is, whether the pleadings of defendant were sufficient to enable it to claim a continuance.…
2Cases cited2 opinions
- Fowler v. BucknerTexas Supreme Court · 1859
- Bryce & Lyman v. JonesTexas Supreme Court · 1873
3Cited by2 opinions
- Barth v. Jester Bros.Court of Appeals of Texas · 1886
- H. & T. C. R'y Co. v. WheelerCourt of Appeals of Texas · 1881