McKenzie Construction Co. v. City of San Antonio

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

This is the second time this case has reached this Court. The McKenzie Construction Company, plaintiff in error, sued the City of San Antonio, defendant in error, for certain sums claimed to be due it by the City arising out of a contract alleged-to have been entered into by it and the City for the construction of a dam known as the Olmos Creek Detention Dam.

Upon the first trial of the case in the district court judgment was rendered against the Construction Company based upon a verdict returned pursuant to the…