Legal Opinion

Jones & Carey v. Risley

Texas Supreme Court

Decided December 2, 1895No. 345PublishedCited by 51 opinions

Error to Court of Civil Appeals, Second District, in an appeal from Tarrant County. Risley sued Jones & Carey and had judgment which the Court of Civil Appeals affirmed on appeal by defendants, who then obtained writ of error. A companion case is that of Jones & Carey v. Gilchrist, 88 Texas, 88.

1Opinion of the Court

DENMAN, Associate Justice.

In October, 1886, the Gulf, Colorado & Santa Fe Railway Company and Jones & Carey entered into a written contract whereby Jones & Carey agreed to build the road of the company, including clearing, grubbing, grading, masonry, timber work, and track laying, in the Indian Territory, from Red River to the Canadian River: the work to be done according to the specifications attached, and “in conformity to the plans and directions and to the satisfaction and acceptance of the engineer of the railroad company.” The contract fixed the prices of the various kinds of work, and…

2Cases cited3 opinions

  1. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  2. G., H. & S. A. R'y Co. v. Henry & DilleyTexas Supreme Court · 1886
  3. Jones & Carey v. Gilchrist, Ramsey & HendersonTexas Supreme Court · 1895

3Cited by51 opinions

  1. Barker v. Coastal Builders, Inc.Texas Supreme Court · 1954
  2. First Valley Bank of Los Fresnos v. MartinTexas Supreme Court · 2004
  3. Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
  4. Kilgore v. North West Texas Baptist Educational SocietyTexas Supreme Court · 1896
  5. McGrath v. Electrical Construction Co.Oregon Supreme Court · 1961

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