Evans v. Heldenfels

SMITH, Justice.

The parties, Evans and Heldenfels, will be designated in this opinion as plaintiff and defendant, as in the trial court.

Plaintiff brought the action against defendant in the district court of Jim Wells county to recover a balance alleged to be due him for work done by him for defendant, and to set aside a contract executed by the parties.

In an amended petition plaintiff alleged that defendant had a contract with the state highway commission in which he was obligated to construct a section of state highway No. 66 in Jim Wells county; that plaintiff and defendant entered into an…