Smith v. Sanders

MONTEITH, Chief Justice.

This is an appeal from a judgment of the County Court at Law No. 2 of Harris County, Texas, in an action brought by ap-pellee, DeWitt A. Sanders, plaintiff below, against appellant, E. Calvert Smith, and John L. Haden, defendants below, for the costs of labor and materials furnished by appellee for the construction of certain improvements and repairs to appellant’s residence in Houston, Texas.

On February 1, 1937, appellant E. Calvert Smith entered into a written contract designated as a “Cost Plus Fee Basis” contract with John L. Haden for the con struction of said…