City of San Antonio v. McKenzie Const. Co.

MURRAY, Justice.

On a former appeal of this case, found in 50 S.W.'(2d) ■ 349, this court reversed and remanded the cause for a new trial. The first appeal was by the McKenzie Construction Company from a judgment in the trial court that it take nothing against the city of San Antonio. That judgment was rendered upon an instructed verdict by the trial judge, on the theory that the contract sued on by the McKenzie Construction Company was void and not binding on the city of San Antonio.

The present appeal is presented by the city of San Antonio and certain of its officers, as appellants, from a…