Texas Creosoting Co. v. Midland Const. Co.

OVERTON, Justice.

In September, 1932, the Texas Oreosoting Company filed suit against the Midland Construction Company, the Union Indemnity Company, and the Louisiana highway commission, alleging, among other things, that it furnished material and supplies for the construction of project 171-E of the highway commission, amounting to $31,600, on which there has been paid $13,231.77. The company prayed, inter alia, that a concursus be provoked, and that the highway commission be required to deposit in court all of the money due it to the Midland Construction Company on account of project No.…