Hipp & Key v. City of Houston

The appellants brought this action to recover of the city of Houston an alleged balance due on three certain paving contracts, and for damages claimed to have been suffered by the appellants on account of delay in the work caused by the acts of the appellee. The city claimed the balance retained by it as liquidated damages under the terms of the contracts for "failure "to complete the work by the time stipulated therein. The case was sumitted to the court without a jury, and judgment was rendered in favor of the appellants for a balance due after allowing the city to retain certain sums as…