Chem-Gas Engineers, Inc. v. Texas Asphalt & Refining Co.

WILSON, Justice.. The question in this case is whether the trial court correctly sustained defendant’s plea in abatement asserting pendency of a prior action. In our opinion the plea was properly sustained, and we affirm the consequent order of dismissal.

Appellant Chem-Gas Engineers, Inc., was the plaintiff in the present suit in which Texas Asphalt & Refining Company was defendant. The petition alleged plaintiff agreed by written contract to furnish to defendant labor and material to rebuild defendant’s existing refinery facilities and to construct three additional units. Judgment was sought…