Citizens National Bank v. Texas & Pacific Railway Co.

I do not agree with the opinion of the majority. As I view the case, the questions presented are simple and are governed by elementary and well-established principles. Briefly stated, the case is this:

Locke contracted with the railway company to construct certain improvements on its property and to furnish all labor and material required for the work. By the terms of the contract the railway company was to pay for the work as it progressed, in monthly installments, based on the amount earned less fifteen per cent, retained. When the work was completed and accepted the retained fund amounted…