Linde Dredging Co. v. Southwest L. E. Myers Co.

HUTCHESON, Circuit Judge.

Appellant, a subcontractor on the Copano Bay highway project, brought this suit against appellees, the contractors, to obtain payment for material its dredge had pumped onto an embankment in excess of the amount *970estimated by the state' engineers, and paid for by the highway" commission of Texas.

Neither in the pleadings nor in the course of any of the proceedings in the lower court was any claim made against the state, or that it had not paid Myers, the contractor, all that was due by it under its contract. On the contrary, appellant conceded that it had.1 The case was…