Foster v. City of Waco

This suit was brought by W. M. Foster and the Early Foster Company, a corporation, against the City of Waco, a municipal corporation, and D. R. Byrum. The petition alleged in substance that the City of Waco had entered into a contract with appellee Byrum, by which the city became the purchaser of two hundred acres of land for cemetery purposes. It was alleged that the purchase price for the land was $50,000, $5,000 of which was paid- in cash, and for the remaining $45,000 the City executed nine promissory negotiable notes for $5,000 each, payable to Byrum, bearing six per cent, per annum…