Lofstedt v. Gulf Paving Co.

On Motion for Rehearing.

We find that .the trial court correctly held that the plea by defendants (appellants) presented no defense, in so far as it pled: that plaintiff’s suit is based on a paving certificate issued under and by virtue of a paving contract within the City of Houston as set forth in the petition, and that said contract and all proceedings thereunder are void because under the Charter of the City of Houston the City Comptroller is required to join in all such contracts as a prerequisite thereto, and certify that all funds necessary therefore are available for carrying out said…