Maverick v. Maury
Texas Supreme Court
Appeal from Bexar. Tried below before Hon. G-. H. Noonan. This is an appeal from a judgment for $2445.33 and costs, rendered, against Maverick in favor of S. "P. Maury. The cause of action was an alleged balance of account for plumbing, gas fitting, and steam heating apparatus for a building for appellant. Defendant contested the claim, and alleging that he had overpaid the plaintiff, asked judgment in reconvention for the excess. 'Verdict and judgment thereon for Maury.
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Appeal from Bexar. Tried below before Hon. G-. H. Noonan. This is an appeal from a judgment for $2445.33 and costs, rendered, against Maverick in favor of S. "P. Maury. The cause of action was an alleged balance of account for plumbing, gas fitting, and steam heating apparatus for a building for appellant. Defendant contested the claim, and alleging that he had overpaid the plaintiff, asked judgment in reconvention for the excess. 'Verdict and judgment thereon for Maury. Maverick appealed.
1Opinion of the Court
GAINES, Associate Justice.
The appellee brought this action against the appellant to recover a balance alleged to be due appellee for labor and materials furnished upon a building belonging to appellant in pursuance of two contracts entered into by the parties. The first contract was for furnishing and putting into the building a steam heating apparatus and was in writing. By the terms .of the agreement appellant bound himself to pay appellee for the material and work $2975, provided appellee put in the foundation. If appellant put in the foundation the price was to be $2800.
The second…
2Cases cited3 opinions
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Selkirk v. CobbMassachusetts Supreme Judicial Court · 1859
- Ward v. WheelerTexas Supreme Court · 1857
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- Indemnity Ins. Co. of North America v. WilliamsCourt of Appeals of Texas · 1934
- Knights of MacCabees of the World v. JohnsonCourt of Appeals of Texas · 1912
- Peck & Hills Furniture Co. of Texas v. LongCourt of Appeals of Texas · 1934
- Steger v. GreerCourt of Appeals of Texas · 1921
- In Re DM, Texas Court of Appeals, 10th District (Waco)2007
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