Humphries v. Simonsen

GRISSOM, Chief Justice.

J. C. Humphries and Charles F. Schwab had a contract with the State of Texas to furnish it aggregate. They entered into *141a contract with Arthur Simonsen which recited said fact and, with exception of the formal parts, was as follows:

“IN CONSIDERATION for five percent (5%) of the total amount of said contract between Party of First Part and the State of Texas, to be paid to Party of Second Part as part of each settlement as set forth below, Party of Second Part agrees to furnish all funds necessary to pay for all labor, truck hire, and miscellaneous expenses necessary to…