Allis-Chalmers Manufacturing Co. v. Curtis Electrical Co.

I am in agreement with the majority opinion insofar as it holds that the building contract and bond fall within the provisions of Article 5160, Vernon’s Annotated Civil Statutes; and the petitioner, not having compiled with the requirement of Article 5160, cannot recover.

I cannot agree that C. E. Curtis is individually liable to petitioner. For him to be liable there must have been a contract — a meeting of the minds — between petitioner and Curtis that Curtis should be liable. Curtis’ liability is predicated solely upon an exchange of letters between the parties.

*122On September 22, 1939,…