Diamond State Iron Co. v. San Antonio & Aransas Pass Railway Co.

JAMES, Chief Justice.

This suit was by appellant alleging breach by defendant of the two contracts set forth in the following conclusions of fact. As defenses it was claimed that appellant did nothing toward the fulfillment of the contract of January 20, 1890, and elected not to perform it; that at the time when the contract of April 15, 1890, became performable, appellant was unable to perform it; that on July 14, 1890, defendant’s property was placed in the hands of receivers, and appellant did not intervene to set up the claims sued on; that in March, 1891, appellant asserted and had…