Uvalde Rock Asphalt Co. v. Fantham

CODY, Justice.

This was an action by appellant, the paving company, on a contract for paving the streets in the subdivision owned by defendants, which was located outside of, but adjoining the city limits of Houston. At the conclusion of all the evidence, both plaintiff and defendants moved for directed verdicts. The court granted defendants’ motion by withdrawing the case from the jury and rendering judgment that plaintiff take nothing.

Plaintiff alleged, among other things, that the paving improvements were completed in accordance with the terms of the contract and were accepted by…