Red River County Bank v. Higgins

Stayton, Chief Justice.

P. C. Livingston made a contract to erect for Joseph Brittan two houses, for which he was to receive payment by installments as the work progressed.

Livingston commenced the work and received two installments, and had performed enough of the contract to entitle him to have the third installment paid, when he died.

*67The appellee, Higgins, was appointed administrator of his estate a few days after his death, and proceeded to complete the erection of the buildings. The houses were completed and accepted by Brittan on March 1, 1887, and on the next day, for the benefit of the…