Kilgore v. North West Texas Baptist Educational Society
Texas Supreme Court
Questions certified by Court of Civil Appeals for Second District, in an appeal from Wise County. The statement and question'certified are here given: “This suit was brought by the appellee, a private corporation, against S. C. Kilgore, as principal, and against B. F. Coleman, F. M. Wood and Tom Grace as sureties, on a certain bond guaranteeing the fulfillment of a contract on the part of Kilgore to construct a three-story stone building.
Read the full summary
Questions certified by Court of Civil Appeals for Second District, in an appeal from Wise County. The statement and question'certified are here given: “This suit was brought by the appellee, a private corporation, against S. C. Kilgore, as principal, and against B. F. Coleman, F. M. Wood and Tom Grace as sureties, on a certain bond guaranteeing the fulfillment of a contract on the part of Kilgore to construct a three-story stone building. The plaintiff sought a recovery in the sum of $5220, as damages for the breach of the contract by the builder, Kilgore. It bad a verdict and judgment for…
1Opinion of the Court
DENMAU, Associate Justice.
We understand the certificate, which includes question and lengthy "explanatory statement, to submit for the determination of this court the following question of law:
Was it error for the trial court to charge the .jury at request of plaintiff that the estimates furnished by the architect are presumed to be correct and that the burden is upon defendant to show the contrary by establishing fraud on part of the architect by a preponderance of evidence, in a case where plaintiff and defendant had agreed that the former should pay the latter as the work on the building…
2Cases cited3 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Jones & Carey v. RisleyTexas Supreme Court · 1895
- G., H. & S. A. R'y Co. v. Henry & DilleyTexas Supreme Court · 1886
3Cited by31 opinions
- Williams v. BaldwinTexas Commission of Appeals · 1921
- Blum Milling Co. v. Moore-Seaver Grain Co.Texas Commission of Appeals · 1925
- Alexander v. Good Marble & Tile Co.Court of Appeals of Texas · 1928
- Garrett v. DodsonCourt of Appeals of Texas · 1917
- Longview Construction & Development, Inc. v. Loggins Construction Co.Court of Appeals of Texas · 1975
26 more not listed; retrieve them via the Exa API.