Brumit v. White

DIXON, Chief Justice.

Appellant, plaintiff in the trial court, sued on sworn account for $659.12, based on an oral contract for labor and materials furnished in the mounting and plumbing of a tank to be used in storing propane gas. The trial court sustained appellee’s motion for an instructed verdict.

Because propane gas is highly explosive, the pressure tanks in which it is contained are required to be constructed and maintained in conformity with regulations promulgated by the Railroad Commission of Texas in its Docket 141. Appellant himself testified that his contract with appellee…