Redden v. Capps

This suit was brought by Redden and Brown against G. F. Capps and four other persons to recover $350. It was alleged the plaintiffs contracted with defendants to remove 174 yards of dirt and stone from a hill on a newly constructed road from McCamey \ in Upton county to the Yates oil field in Pecos county for the agreed price of $350; that plaintiffs had performed the contract, and defendants had refused to pay.

Defendants answered by general denial and special plea to this effect, viz.:

«* * ⅜ at the time of the matters and things herein complained of, they as a body was appointed by the…