Mingus v. Employers' Liability Assur. Co.

CRITZ, Judge.

The opinion of the Court of Civil Appeals, speaking through the late Judge Wilson, makes a very fair and complete statement of the facts and issues of this case. For a complete statement we refer to and adopt such opinion. 46 S.W.(2d) 464, 466. For the purposes of this opinion we make the following statement:

In so far as this appeal is concerned, this ease grew out of a building contract between Dollie Mingus and D. E. Ellis. It appears that on December 28, 1928, these two parties entered into a written contract whereby Ellis agreed to furnish the labor and material necessary to…