Mitchell v. Hydraulic Building Stone Co.

WILLSON, Chief Justice.

— The building stone company was a corporation under the laws of Texas. As such it undertook by its contract in writing, dated September 26, 1906, in consideration of $2,500 to be paid to it by Mitchell, to furnish material therefor and to “well and sufficiently perform and finish” for Mitchell, under the direction and to the satisfaction of his architects, “all the work included in. the excavating, grading, cement floors, brick work, concrete blocks and footings ... of the two story and basement residence” to be constructed for said Mitchell. To secure the performance…